Recently, a Maryland federal court allowed Executive Order 14398 and its contract clause, FAR 52.222-90, to move forward. The ruling gave employers something they have been waiting for: clearer boundaries for compliance. The court read the order’s ban on “racially discriminatory DEI activities” to cover intentional disparate treatment based on race or ethnicity, the same conduct federal law already prohibits.
This means that, under the court’s reading, training, research, and discussion about race fall outside the executive order's scope. But race-conscious eligibility rules, diverse slate requirements, demographic scorecards, and pay modifiers carry real risk. The Department of Justice’s recent False Claims Act settlements show that enforcement is already underway, with significant financial consequences.
Join SHRM and DCI Consulting Group for a practical look at what the ruling means for your organization. We will cover:
- How the court defined the line between expression about race and decisions made because of race
- Which practices drew scrutiny in recent False Claims Act settlements
- What FAR 52.222-90 requires, including records access, subcontractor reporting, and FCA exposure
- Why EEO obligations under Title VII still reach sex-based decisions, even though EO 14398 covers only race and ethnicity
- How documentation and proactive workforce analytics can show that decisions are merit-based
Attendees will leave knowing what red flags to look for in their own practices and steps to take to avoid FCA risk.
Meet the Presenters
SHRM certification has approved this webinar for 1 PDC toward SHRM-CP or SHRM-SCP recertification. A program code will be provided at the end of the webinar.