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New Executive Order Targets DEI Practices by Federal Contractors, Imposes Mandatory Contract Clause and FCA Liability

By Edwin O. Childs, Abram J. Pafford, Jack White, John Adams, Elissa Baur, James Dougherty, Brett Barnett, Michael J. Podberesky, David Greenspan, John E. Thomas, Jr., William Doyle, Elena Marcuss, Michael R. Phillips, Jason M. Vespoli, John Sullivan & Sophie Marsh on April 2, 2026
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Continuing his administration’s efforts to eliminate diversity, equity and inclusion (DEI) activities, President Donald Trump signed an executive order, “Addressing DEI Discrimination by Federal Contractors,” on March 26, 2026, that directs all executive departments and agencies to include a new clause in all federal contracts and subcontracts prohibiting what the order defines as “racially discriminatory DEI activities.” The order represents another escalation of the administration’s efforts to restrict DEI programs in the federal contracting space — building on Executive Order 14173 and the Department of Justice’s May 2025 Civil Rights Fraud Initiative — and carries substantial enforcement implications, including potential liability under the False Claims Act (FCA).

Read on for key provisions of the new executive order, analysis of practical implications for federal contractors and subcontractors, and recommended steps for compliance.

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 Abram J. Pafford Abram J. Pafford

Abe focuses his practice on protecting the rights and interests of companies and individuals who face disputes or conflicts with the federal government in its role as purchaser, prosecutor, and chief regulator. For more than twenty years, Abe has represented government contractors, participants…

Abe focuses his practice on protecting the rights and interests of companies and individuals who face disputes or conflicts with the federal government in its role as purchaser, prosecutor, and chief regulator. For more than twenty years, Abe has represented government contractors, participants in regulated industries, and companies and individuals targeted for federal investigation or prosecution, consistently achieving successful results for clients confronting difficult odds.

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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 John Adams John Adams

Drawing on his deep experience in private practice and senior government service, John represents corporations, boards and executives facing significant legal and reputational risk in criminal, regulatory, civil and congressional proceedings.

He has resolved complex, high-stakes matters through innovative settlements and successfully tried…

Drawing on his deep experience in private practice and senior government service, John represents corporations, boards and executives facing significant legal and reputational risk in criminal, regulatory, civil and congressional proceedings.

He has resolved complex, high-stakes matters through innovative settlements and successfully tried cases both as a federal prosecutor and against the Department of Justice. In addition to his investigations practice, John is often called upon to brief and argue appeals in courts across the country and has argued appeals in the U.S. Courts of Appeals for the 2nd, 4th, 6th, 7th and 11th Circuits.

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Photo of Elissa Baur Elissa Baur

Elissa focuses her practice on white collar and antitrust criminal defense matters, including internal investigations, litigation, and regulatory enforcement actions. She has defended clients in numerous government investigations before the Department of Justice, United States Office of Special Counsel, Securities & Exchange Commission…

Elissa focuses her practice on white collar and antitrust criminal defense matters, including internal investigations, litigation, and regulatory enforcement actions. She has defended clients in numerous government investigations before the Department of Justice, United States Office of Special Counsel, Securities & Exchange Commission, Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”), Office of the Comptroller of Currency, and Federal Reserve Board, among others.

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Photo of James Dougherty James Dougherty

James C. “Jim” Dougherty is an accomplished government contracts and technology lawyer, with decades of experience as an in-house lawyer and law firm counsel. His practice focuses on the intersection of government contracts, technology law, and corporate compliance. He advises technology companies and…

James C. “Jim” Dougherty is an accomplished government contracts and technology lawyer, with decades of experience as an in-house lawyer and law firm counsel. His practice focuses on the intersection of government contracts, technology law, and corporate compliance. He advises technology companies and government contractors on a broad array of legal issues, including regulatory compliance, complex transactions, intellectual property rights, and litigation—particularly matters involving qui tam actions, contract claims, and bid protests at both federal and state levels.

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Photo of Brett Barnett Brett Barnett

Brett is the co-leader of McGuireWoods’ False Claims Act Investigations & Litigation Practice Group. He focuses his practice on representing clients in high-stakes False Claims Act matters, healthcare fraud and abuse investigations, and complex commercial litigation across the country. Brett routinely leads internal…

Brett is the co-leader of McGuireWoods’ False Claims Act Investigations & Litigation Practice Group. He focuses his practice on representing clients in high-stakes False Claims Act matters, healthcare fraud and abuse investigations, and complex commercial litigation across the country. Brett routinely leads internal and government-facing investigations involving the U.S. Department of Justice and other federal and state agencies, and defends clients in civil FCA litigation, often involving parallel proceedings and regulatory scrutiny.

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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 David Greenspan David Greenspan

David serves on the firm’s Board of Partners and is the firm’s Pro Bono Partner. He is also a co-leader of the firm’s Trade Secrets & Restrictive Covenants practice group and serves on the firm’s Associates Committee. As a first chair trial lawyer…

David serves on the firm’s Board of Partners and is the firm’s Pro Bono Partner. He is also a co-leader of the firm’s Trade Secrets & Restrictive Covenants practice group and serves on the firm’s Associates Committee. As a first chair trial lawyer whose practice focuses on proactive counseling and aggressive litigation of employee mobility disputes and complex employment matters, David works with his clients to identify and resolve issues before they become adversarial in nature. David also serves his clients as a zealous advocate in litigation, arbitration and other administrative proceedings.

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Photo of John E. Thomas, Jr. John E. Thomas, Jr.

John practices in the area of labor and employment. He regularly counsels employers regarding employment agreements, policies and handbooks, misappropriation of trade secrets, employee terminations, and severance agreements. With a focus on employment-related litigation, John represents employers facing claims of harassment, retaliation, and…

John practices in the area of labor and employment. He regularly counsels employers regarding employment agreements, policies and handbooks, misappropriation of trade secrets, employee terminations, and severance agreements. With a focus on employment-related litigation, John represents employers facing claims of harassment, retaliation, and discrimination under a host of employment laws including the FLSA, the FMLA, Title VII, the ADA, and the ADEA. Moreover, he has experience representing employers facing claims concerning defamation, breach of employment contracts, and covenants not to compete.

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Photo of William Doyle William Doyle

Leveraging his background as former deputy director of the Office of Federal Contract Compliance Programs (OFCCP), a role in which he managed the agency’s enforcement and policymaking activities, Bill defends clients in enforcement litigation, audits, and complaint investigations brought by the OFCCP.

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Photo of Elena Marcuss Elena Marcuss

Elena represents management in employment and traditional labor matters. She defends employers in federal and state courts against individual and collective claims of workplace discrimination and rights violations, such as statutory claims under Title VII of the Civil Rights Act of 1964, Section…

Elena represents management in employment and traditional labor matters. She defends employers in federal and state courts against individual and collective claims of workplace discrimination and rights violations, such as statutory claims under Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), Maryland Wage Payment and Collection Law, the Sarbanes-Oxley Act (SOX), Executive Order 11246 and the National Labor Relations Act, as well as tort claims, such as wrongful discharge and defamation, and breach of contract claims.

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Photo of Michael R. Phillips Michael R. Phillips

For over 25 years, Mike Phillips has been defending employers in labor and employment claims and helping them avoid litigation through sound and practical advice. Mike’s practice is nationwide.

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Photo of Jason M. Vespoli Jason M. Vespoli

Jason focuses his practice on federal and state procurement, government technology, bid protests and government contract disputes, and regulatory compliance. He utilizes experience in state government, government technology, and complex procurement to solve problems in innovative and efficient ways.

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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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Photo of Sophie Marsh Sophie Marsh

Sophie focuses her practice on government contracts and government investigations matters.

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  • Posted in:
    Employment & Labor, Government and Public Policy
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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