At the Federal Bar Association’s 2026 Qui Tam Conference on Feb. 19, 2026, Deputy Assistant Attorney General Brenna Jenny delivered a keynote speech that provided insight into the DOJ’s enforcement priorities and viewpoints on FCA enforcement. From her perspective, the DOJ is not investigating federal contractors and grant recipients for having DEI programs, but for potentially engaging in discrimination through their implementation of those programs. She emphasized that companies could be found to engage in discrimination with or without DEI programs and can also operate DEI programs without engaging in discrimination.
Read on to learn more about the specific programs and practices that, according to Jenny, the DOJ has been reviewing for potential violations of federal antidiscrimination laws.