Non-Government Companies Begin Receiving DEI-Ban Demands

Non-government organizations that work on contracts with the federal government began to receive letters promising to cut off their contracts unless they certify that they have no diversity, equity and inclusion, affirmative action or equal employment opportunity programs.

The text of the letter, with all identifying details redacted, is below. Source: Allison Gill.

Due to changes in United States law, your company may be prohibited from contracting with the U.S. Government if you operate any programs promoting diversity, equity, and inclusion (DEI), affirmative action, and equal opportunity programs that violate any applicable anti-discrimination laws, and agree that such certification is material for purposes of the government’s payment decision and therefore subject to the False Claims Act.

See 31 U.S.C. 3729(b)(4).

Kindly read, verify, sign and return the attached document as soon as possible.

Please reply soonest and let me know if you have any questions.

CERTIFICATION REGARDING COMPLIANCE WITH APPLICABLE FEDERAL ANTI-DSCRIMINATION LAW-

The offeror certifies that:

• [your company] is in compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of 31 USC 3729(b)(4) (False Claims Act);
• Does not operate any programs promoting Diversity, Equity, and Inclusion that violate any applicable Federal anti-discrimination laws.