Compliance Stuff

Feds continue to focus on contractors’ DEI programs.  Deputy U.S. Attorney General Todd Blanche issued a  Memorandum  on May 19 advising recipients of federal funds that the federal government intends to vigorously enforce anti-discrimination laws by deploying a new Civil Rights Fraud Initiative . The purpose of this Initiative is to identify violators of civil rights laws and pursue claims under the False Claims Act. What is the False Claims Act? The False Claims Act generally provides that any person who knowingly submits false claims to the government can be liable for three times the government’s damages, plus a penalty tied to inflation . The FCA allows private citizens to sue on behalf of the government (called “ qui tam ” suits), and successful claimants typically receive a portion of the government’s recovery.  Q ui tam  suits most often involve fraudulent billing or misuse of government funds. The Justice Department recovered more than $2.9 billion unde...

  The California Civil Rights Council has been working on proposed regulation revisions to include automated decision-making in the requirements under the Fair Employment and Housing Act. The Council met on October 17, 2024, for public comment on  the most recent version of the regulations  and voted to extend the comment period to 30 days, though typically the period is only 15 days. Here are some of the highlights of the proposed regulations:  Definitions An automated decision system (ADS) is defined as a “computational process that screens, evaluates, categorizes, recommends, or otherwise makes a decision or facilitates human decision-making that impacts applicants or employees.” the definition excludes word processing software, spreadsheet software, and map navigation systems. Adverse impact (or disparate impact) includes the use of a facially neutral practice that may create a substantial disparity in the rate of selection in hiring, promotion, or other employme...