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New GSA Proposal Could Expose Federally Funded Institutions With Programs Perceived as DEI-Related

By Brandi G. Howard, Farnaz Farkish Thompson, Jack White, Sarah Wake, Michael J. Podberesky, Edwin O. Childs, Maricris Prendingue & John Sullivan on March 23, 2026
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The General Services Administration has proposed requiring all federal funding recipients to certify that they do not maintain diversity, equity, inclusion and accessibility programs. Recipients also would also need to certify they are not knowingly hiring or recruiting undocumented staff.

The GSA estimates the proposal would impact approximately 222,760 entities — including colleges and universities. If enacted, the certification requirements would expose grant recipients to potential liability under the False Claims Act. The deadline for public comments is March 30, 2026.

Read on to learn more about the GSA proposal and its potential impacts on federally funded institutions.

Photo of Brandi G. Howard Brandi G. Howard

Brandi focuses her practice on helping corporate and individual clients navigate complex legal challenges in commercial trial and appellate litigation, as well as in government investigations. She is known for her ability to deliver thoughtful, strategic solutions to high-stakes matters to achieve favorable…

Brandi focuses her practice on helping corporate and individual clients navigate complex legal challenges in commercial trial and appellate litigation, as well as in government investigations. She is known for her ability to deliver thoughtful, strategic solutions to high-stakes matters to achieve favorable outcomes in complex disputes.

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Photo of Farnaz Farkish Thompson Farnaz Farkish Thompson

Co-leader of McGuireWoods’ Education Industry Team and Higher Education Practice Group, Farnaz has extensive experience representing corporations and institutions of higher education in high-profile litigation and government investigations. She is a trusted advisor with a keen eye for due diligence in education-related transactions…

Co-leader of McGuireWoods’ Education Industry Team and Higher Education Practice Group, Farnaz has extensive experience representing corporations and institutions of higher education in high-profile litigation and government investigations. She is a trusted advisor with a keen eye for due diligence in education-related transactions, including those within the edtech sector.

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Photo of Jack White Jack White

Jack is an accomplished trial lawyer and legal strategist who guides clients through complex challenges, including high-profile and sensitive litigation and government investigations. He focuses his practice on civil litigation, regulatory enforcement, and congressional investigations for clients in the defense, technology, federal contracting…

Jack is an accomplished trial lawyer and legal strategist who guides clients through complex challenges, including high-profile and sensitive litigation and government investigations. He focuses his practice on civil litigation, regulatory enforcement, and congressional investigations for clients in the defense, technology, federal contracting, higher and K-12 education, and other business sectors.

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Photo of Sarah Wake Sarah Wake

Sarah, co-leader of the firm’s Higher Education Practice Group and Sports Industry Team, knows firsthand the complex legal and compliance challenges that corporations and educational institutions face, having served almost a decade as in-house counsel and a senior leader at top universities.

A…

Sarah, co-leader of the firm’s Higher Education Practice Group and Sports Industry Team, knows firsthand the complex legal and compliance challenges that corporations and educational institutions face, having served almost a decade as in-house counsel and a senior leader at top universities.

A skilled litigator, Sarah represents a wide range of higher education clients — including top research institutions, liberal arts colleges and institutions with Division I athletics programs  — on issues related to faculty tenure and promotion; student and employee unionization; discrimination and harassment policy, investigations and hearings; Title IX compliance; athletics (including coaching contracts, hazing, NCAA compliance and NIL); admissions; student conduct; diversity and inclusion; the Clery Act; the Family Educational Rights and Privacy Act; and physical and digital accessibility.

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Photo of Michael J. Podberesky Michael J. Podberesky

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Employing his…

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Employing his extensive experience with False Claims Act cases in the healthcare and defense sectors, Michael represents clients confronting high-stakes government investigations and litigation arising from allegations of healthcare and procurement fraud and also counsels clients regarding compliance issues.

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Photo of Edwin O. Childs Edwin O. Childs

As a leader of the firm’s Defense, National Security and Government Contracting industry team, Ned Childs is a government contract and investigations and enforcement attorney who represents companies across a wide range of sectors, including the defense, services, technology, and aerospace industries. His…

As a leader of the firm’s Defense, National Security and Government Contracting industry team, Ned Childs is a government contract and investigations and enforcement attorney who represents companies across a wide range of sectors, including the defense, services, technology, and aerospace industries. His practice, spanning more than a decade in Washington, encompasses a broad array of legal services, including government contract investigations, disclosures, and regulatory enforcement actions; bid protests and government contract disputes; government contract counseling; export licensing and enforcement; prime contractor-subcontractor disputes; corporate ownership and acquisition issues; and election law investigations and enforcement matters.

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Photo of Maricris Prendingue Maricris Prendingue

Maricris (Cris) focuses her practice on representing corporate and individual clients in complex commercial trial and appellate litigation in both state and federal courts. She has defended educational institutions in complex civil rights litigation.

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Photo of John Sullivan John Sullivan

John is an associate within the Government Investigations and White Collar Litigation group.

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  • Posted in:
    Government and Public Policy
  • Blog:
    Subject to Inquiry
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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