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ARTICLE · 04 APRIL 2025

Federal Judge Restrains Liability For Alleged False DEI Certifications

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President Trump's January 21 Executive Order targeting Diversity, Equity, and Inclusion Programs (DEI) (the "January 21 Executive Order") and, specifically, § 3(b)(iv)) (the Certification Provision) cannot be the basis...

United StatesEmployment and HR
Lisa Noller
Lisa Noller
Lori R. Garber
Lori R. Garber
Ryan J. Lowry
Ryan J. Lowry
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President Trump's January 21 Executive Order targeting Diversity, Equity, and Inclusion Programs (DEI) (the "January 21 Executive Order") and, specifically, § 3(b)(iv)) (the Certification Provision) cannot be the basis for liability — at least for one proactive litigant in the Northern District of Illinois. The holding could have broader implications for False Claims Act (FCA) defendants concerned about evolving certification requirements.

On January 20 and 21, 2025, President Trump issued two executive orders targeting Diversity, Equity, and Inclusion programs (titled, "Ending Radical and Wasteful Government DEI Programs and Preferencing" and "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," respectfully). The January 21 Executive Order included a direction to agencies (the "Certification Provision") to require federal grant recipients to certify they do not "operate any programs promoting DEI that violate any applicable

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