Skip to main content
  • Personal
  • Business
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • Welcome, {{name}}
    Non-Member
    {{membership}} Membership Ends {{expiration_date}}
    MySHRM Dashboard
    • Sign In
    • accountSettings Account Settings
    • customerSupport Customer Support
    • Sign Out Sign Out
    HR is Evolving Fast!

    That’s why 340,000 HR pros and 95% of the Fortune 500 turn to SHRM for expert-backed guidance, tools, and trusted answers.

    Become a Member
    • accountSettings Account Settings
    • memberSupport Member Support
    • Sign Out Sign Out
    SHRM26 Annual Conference

    At SHRM26 join the global HR community that comes together not just to keep up — but to grow, connect, and move forward together. Register Today

SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
  • Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      PMQ

      Gain a deeper understanding and develop critical skills.

  • Events
    • India Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • India Annual Conference
      • SHRM Tech Conference
      • SHRM Unconference
      MENA Events
      • MENA Annual Conference
      Global Events
      • US Annual Conference
      Webinars
  • Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR Research
      • Latest News & Trends
      • Tools & Guides
      HR Topics
      • AI in the Workplace
      • Total Rewards
      • Inclusion & Diversity
      • Recruiting
      • HR Technology
      • Civility at Work
      • Workplace Violence Prevention
Become a Member
Renew
Rejoin Now
Renew
Close
  • Personal
  • Business
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
  • Certification
    back
    Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      PMQ

      Gain a deeper understanding and develop critical skills.

  • Events
    back
    Events
    • India Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • India Annual Conference
      • SHRM Tech Conference
      • SHRM Unconference
      MENA Events
      • MENA Annual Conference
      Global Events
      • US Annual Conference
      Webinars
  • Resources
    back
    Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR Research
      • Latest News & Trends
      • Tools & Guides
      HR Topics
      • AI in the Workplace
      • Total Rewards
      • Inclusion & Diversity
      • Recruiting
      • HR Technology
      • Civility at Work
      • Workplace Violence Prevention
Become a Member
Renew
Rejoin Now
Renew
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Employment Law & Compliance
  2. Federal I&D Enforcement Raises Financial Stakes for Employers
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
Feature

Federal I&D Enforcement Raises Financial Stakes for Employers

June 4, 2026 | Rachel Zheliabovskii

Department of Justice building

For many employers, inclusion and diversity (I&D) initiatives have long been viewed through the lens of culture, recruitment, and employee engagement. Increasingly, however, they are also becoming a matter of compliance risk.

During a recent SHRM webinar, experts cautioned that federal enforcement efforts targeting what the government describes as discriminatory diversity, equity, and inclusion (DEI) practices are creating significant legal and financial exposure for federal contractors and subcontractors.

"There are moments when the compliance landscape changes quietly, and by the time organizations realize it, the expectations, enforcement environment, and consequences have already shifted. This is one of those moments," said Carolynn Johnson, President of SHRM CEO Action. 

Executive Orders Put Contractors on Notice

At the center of the discussion were Executive Orders 14173 and 14398. Executive Order 14173, issued in 2025, directed federal agencies to scrutinize what the administration characterized as unlawful DEI practices. More recently, Executive Order 14398 narrowed its focus to what the government calls "racially discriminatory DEI activities" among federal contractors and subcontractors, while also creating new compliance obligations and audit authority.

According to David Cohen, Founder and President of DCI Consulting Group in Washington, D.C., the newer order is significant because it provides a more explicit framework for enforcement. "For the first time, the government has defined what they believe to be discriminatory," he said.  

The order applies to companies doing business with the federal government, including many subcontractors. Contractors may be required to certify compliance, permit audits, and flow compliance obligations down through their supply chains. Violations could potentially result in contract termination, suspension, debarment, or referral to the Department of Justice (DOJ).

Toolkit: SHRM’s BEAM Toolkit for I&D

False Claims Act Takes Center Stage 

The discussion also highlighted the government's increasing reliance on the False Claims Act (FCA), a Civil War-era anti-fraud statute signed into law by President Abraham Lincoln in 1863. Traditionally used to combat fraud involving government funds, the FCA allows the government to recover triple damages and permits whistleblowers to file claims on the government's behalf.

"This is the first time the government is trying to use this False Claims Act for discrimination issues," Cohen said.

The implications can be substantial. "If I have a contract with the government for $10 million, and there is a False Claims Act case, and the Justice Department says that [I am] guilty, I potentially owe the government three times what I billed,” Cohen said, “So $30 million."

Webinar: A Practical Look at Legally Compliant I&D for HR Leaders

Multi-Million Dollar Risk

The government's approach was illustrated by a recent settlement involving IBM. In April, IBM agreed to pay approximately $17 million to resolve allegations that certain employment practices violated anti-discrimination requirements contained in its federal contracts. The settlement marked the first resolution secured under the DOJ’s Civil Rights Fraud Initiative, which seeks to use the FCA to pursue alleged discriminatory employment practices by federal contractors. IBM denied wrongdoing as part of the settlement agreement.

The IBM case has drawn widespread attention because it demonstrates how employment practices can become FCA issues when organizations certify compliance with federal contract requirements. Legal observers have noted that the settlement may serve as a roadmap for future enforcement actions involving federal contractors.

Balancing Compliance, Culture, and Business Goals

For HR leaders, the challenge is that the practices receiving scrutiny often involve routine talent management activities rather than obviously unlawful conduct.

"What makes this especially important for HR leaders is that the areas receiving attention are not unusual or fringe practices,” Johnson said. “They are decisions and programs many organizations are actively managing today, like hiring practices, leadership development, mentoring approaches, compensation structures, and talent programs.”

The panelists emphasized that employers should not assume all I&D initiatives are unlawful. Instead, they recommended conducting careful reviews of programs, policies, and employment practices through the lens of Title VII and disparate treatment principles.

Joanna Colosimo, Vice President of Workforce Analytics and Compliance Strategy at DCI Consulting Group in Washington D.C., urged employers to take a proactive approach. "Conduct an audit of your DEI-related programs. Do a DEI risk audit," she said. At the same time, she cautioned organizations against overreacting. "What I did not say here, I did not say abandon your DEI programs."

Cohen similarly argued that organizations can reduce risk through good-faith compliance efforts and documented self-assessments. "That, to me, is probably the biggest takeaway from today," he said. "This is scary. Yes, I know that. But there are things that you can do to protect yourself and protect the company by doing these audits of your practices."

Sample Checklist: I&D Program Compliance Checklist

Ultimately, Johnson said the key issue is not that anti-discrimination laws have fundamentally changed, but that enforcement priorities have. "The law hasn't changed, but the enforcement action has," she said. "And I think that's really what we need to pay very close attention to."

As federal agencies begin implementing new contract requirements and preparing investigations, organizations that proactively assess their practices may be in the strongest position to avoid costly disputes.

"The organizations in the strongest position will not be the ones reacting after questions are raised," Johnson said. "They'll be the ones that understand the landscape early, evaluate thoughtfully, and make informed decisions with confidence."

Inclusion & Diversity

Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
Rising Demand for Workforce AI Skills Leads to Calls for Upskilling

As artificial intelligence technology continues to develop, the demand for workers with the ability to work alongside and manage AI systems will increase. This means that workers who are not able to adapt and learn these new skills will be left behind in the job market.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Executive Network Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview


  • About SHRM
  • SHRM India Advisory Council
  • Careers at SHRM
  • Press Room
  • Contact SHRM India
  • Book a SHRM Executive Speaker
  • Ask an Advisor
  • SHRM Newsletter
  • Post a Job
  • Find an HR Job
  • Advertise with us
  • Copyright & Permission
Contact Us


Email: shrmindia@shrm.org
Phone: (1)800.103.2198
WhatsApp: +919810503727

SHRM India Corporate Information

© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

 

View Member Benefits Guide

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Exclusive Executive-Level Content

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now