US Department of Justice fines IBM $17.08M over diversity, equity, and inclusion policies

Change
The US Department of Justice secured a $17,077,043 settlement from IBM that requires payment within 14 days and the termination or modification of specific diversity, equity, and inclusion programs while IBM denies engaging in the alleged conduct.
Why it matters
Federal contractors now face an enforcement constraint that programs or practices that take race, color, national origin, or sex into account for hiring, promotion, compensation, or training eligibility can be treated as breaches of contract and trigger government recovery actions. The False Claims Act of 1863 (False Claims Act) — US law allowing treble damages and civil penalties for fraud against the government — is being used to attach financial and civil liability to DEI-linked costs charged to federal contracts.
US Department of Justice fines IBM $17.08M over diversity, equity, and inclusion policies
Implications
  • Contract compliance teams at federal contractors must immediately review and withdraw any contractor certifications or contract claims that rely on employment programs which consider race, color, national origin, or sex for hiring, promotions, compensation, or training eligibility — failure to act risks False Claims Act litigation with treble damages and civil penalties.

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Source

Ars Technica

Topics

Governance Human Rights Corruption & Accountability

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