DOJ Targets College DEI Policies Under False Claims Act

The Department of Justice has added a new direction in its crackdown on diversity, equity, and inclusion (DEI) policies.

The DOJ now plans to employ the False Claims Act of 1863 to add pressure to colleges and universities to dissolve DEI policies or potentially lose federal financial aid and face criminal prosecution.

The False Claims Act was initiated during the American Civil War to allow the government to recover funds paid to defense contractors who committed fraud. People who report fraud cases may be eligible to receive a portion of the recovered funding. The DOJ reported that for fiscal year 2024, nearly $3 billion was recovered using the act.

The new DOJ enforcement plan will look at "any recipient of federal funds that knowingly violates federal civil rights laws." On May 15, the DOJ told Harvard University it was under scrutiny based on the principles of the Hatch Act, according to The New York Times. The report said a Harvard spokesman claimed the university was following applicable laws.

Deputy Attorney General Todd Blanche said in a department release, "America has watched a tidal wave of anti-Semitism sweep our universities and seen public institutions codify inherently divisive policies like DEI at an unprecedented rate."

Blanche said, "The days of using federal funds to further discrimination are over." He added the DOJ will "root out instances in which recipients of federal funds fail to uphold their basic obligations under federal civil rights laws."

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