On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum purports to offer “guidance” and “Best Practices” to recipients of federal funding, including “non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls.” The Attorney General’s memorandum follows Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), which calls for “ending illegal discrimination and preferences, including DEI” in the private sector, as well as two “technical assistance” documents titled “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI at Work” issued by the Equal Employment Opportunity Commission (“EEOC”). We previously discussed EO 14173 here and the EEOC technical assistance here.Continue Reading DOJ Issues Memorandum for Federal Funding Recipients Addressing “Unlawful Discrimination” Practices
Aaron Lewis
As a partner and co-chair of Covington's White Collar Defense and Investigations practice group, Aaron Lewis represents businesses, boards of directors, and individuals in sensitive, high-stakes government investigations, internal investigations, and regulatory enforcement matters.
He has advised clients facing alleged criminal and civil violations of the False Claims Act (FCA) and the Foreign Corrupt Practices Act (FCPA), as well as allegations of public corruption, export controls violations, obstruction of justice, and espionage. Aaron's clients have included companies and independent board committees in the aerospace and defense, automotive, technology, entertainment, and retail industries and he routinely leads internal investigations of alleged misconduct or compliance failures, including several investigations involving allegations of ineffective internal controls and dysfunctional workplace cultures. He returned to Covington in 2015 after six years of service in the Department of Justice (DOJ), first as Counsel to Attorney General Eric Holder in Washington, and later as an Assistant United States Attorney in Los Angeles.
During his service in the Justice Department, Aaron advised the Attorney General on a range of enforcement issues, including intellectual property protections, national security matters and civil rights. He worked closely with senior officials at the White House, the Justice Department, and several law enforcement agencies, including the FBI and DHS. As an Assistant United States Attorney, most recently in the National Security Section, Aaron investigated and prosecuted cases involving thefts of trade secrets, export control violations, and computer network intrusions. He also prosecuted cases involving bank fraud, false statements, and mail fraud. An experienced trial and appellate lawyer, Aaron has tried several cases to verdict, and argued before the Ninth Circuit Court of Appeals.
Justice Department Establishes Civil Rights Fraud Initiative, Using False Claims Act to Target DEI
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum establishing a DOJ Civil Rights Fraud Initiative. The Initiative will use the False Claims Act (“FCA”) to “investigate and . . . pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” Educational institutions, federal contractors, grantees, and other entities that receive federal funding should take note of the latest FCA Initiative. Similar FCA initiatives, such as those focused on collusion and cybersecurity fraud, have resulted in significant related FCA enforcement.Continue Reading Justice Department Establishes Civil Rights Fraud Initiative, Using False Claims Act to Target DEI
Former EEOC Officials Respond to EEOC Technical Assistance Document “What You Should Know About DEI-Related Discrimination at Work”
On April 3, 2025, 10 former Equal Employment Opportunity Commission (“EEOC”) officials, including former commissioners, general counsel, and Chairs Charlotte A. Burrows and Jenny R. Yang, issued a public letter responding to the recent EEOC technical assistance document, “What You Should Know About DEI-Related Discrimination at Work,” which we described in a previous blog post. The public letter, “Statement of Former Equal Employment Opportunity Commission (EEOC) Officials on Employer Diversity, Equity, and Inclusion Efforts,” refers to the technical assistance document as the “Acting Chair’s document” since that document was issued by Acting Chair Lucas without a Commission vote and thus represents Lucas’s views. Continue Reading Former EEOC Officials Respond to EEOC Technical Assistance Document “What You Should Know About DEI-Related Discrimination at Work”
European Companies Wrestle with U.S. Government’s Anti-DEI Push
On March 29, United States embassies across Europe began sending letters and an accompanying “Certification regarding compliance with applicable federal anti-discrimination law” to companies in Belgium, Bulgaria, Denmark, France, Italy, Luxembourg, and Spain. This certification purports to apply Executive Order (“EO”) 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) to U.S. government suppliers and contractors based in Europe “regardless of their nationality and the country in which they operate.” As we wrote in a prior alert, the Trump administration intends for EO 14173 to end what it considers to be “illegal preferences and discrimination” including those “under the guise of so-called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA)” programs by prescribing required provisions for federal contracts. Continue Reading European Companies Wrestle with U.S. Government’s Anti-DEI Push