Deloitte Pays $21.5M to Settle DOJ DEI Probe
Deloitte Pays $21.5M to Settle DOJ DEI Probe
The News
Deloitte has agreed to pay the federal government $21.5 million to settle Justice Department claims that it discriminated against employees and job applicants on the basis of race or sex.
The DOJ alleged the consulting giant violated the False Claims Act — the government's main anti-fraud law — by certifying that it complied with the anti-discrimination requirements attached to its federal contracts while running race- and sex-conscious employment practices. The settlement covers alleged conduct from 2017 to the present.
Deloitte denied the conduct and did not admit liability.
What the Government Alleged
Federal contractors must certify that they will not discriminate on the basis of race or sex, and that applicants are hired and employees treated "without regard to" race or sex. The government said Deloitte took race and sex into account in hiring, promotion and staffing decisions while chasing non-public workforce composition goals.
Business units received monthly summaries tracking those demographic goals, according to the DOJ, and managers were evaluated on their contributions toward hitting them. For a two-year period, the compensation of roughly 150 of Deloitte's most senior partners, principals and managing directors could be affected if their business units missed the firm's demographic targets.
In one instance cited by the government, after a group of candidates for those senior roles initially met Deloitte's demographic targets, the firm allegedly identified candidates by race and sex in a spreadsheet circulated during the selection process and recommended promoting specific employees to "equitably maintain the current mix."
The United States also alleged Deloitte ran two career programs, Springboard and Compass, that limited eligibility by race and sex, and that the firm restricted certain training, mentorship, leadership development and educational opportunities to employees of a particular sex or race.
Deloitte holds billions of dollars in federal contracts, consulting for agencies including the Department of War, the Department of Health and Human Services and the Department of Homeland Security.
Timeline
Hours after taking the oath of office, President Trump issued executive orders dismantling federal diversity programs and directing federal contractors to end what he called illegal DEI discrimination.
The Justice Department created the "Civil Rights Fraud Initiative," signaling it would investigate federal contractors and grant recipients under the False Claims Act.
IBM agreed to pay $17 million to resolve claims its DEI programs violated the False Claims Act — the first such settlement after the DOJ stood up its task force.
An executive order prohibited all federal contractors and subcontractors from engaging in what the administration described as "racially discriminatory DEI activities."
The Deloitte settlement is announced.
Reactions
"Government contractors cannot reward or penalize employees based on race or sex — and labeling the practice DEI does not make it lawful," Attorney General Todd Blanche said in a statement. "The Justice Department will aggressively pursue government contractors that have used taxpayer dollars to fund unlawful discrimination."
Deloitte struck a different tone. "We are pleased to have resolved this matter to avoid the cost and distraction of protracted litigation, allowing us to remain focused on attracting and developing exceptional talent with the skills and capabilities our clients rely on every day," the firm said in a statement to USA TODAY.
The case was brought as a whistleblower action by anti-affirmative action activist Edward Blum's American Alliance for Equal Rights, which will collect $4.3 million from the settlement. "The Alliance brought this case on behalf of its members," Blum said. "The comprehensive settlement agreements reached by the United States, Florida, and Indiana speak for themselves."
What's Next
Separately, Indiana Attorney General Todd Rokita announced that Deloitte will pay $1.2 million to settle allegations it engaged in unlawful DEI practices as a state contractor.
The federal settlement was a joint effort with the U.S. Attorney's Office for the Northern District of Texas, and the Alliance is one of several groups targeting professional services firms. The DOJ says it has seen a "rapid increase" in whistleblower complaints, helped along by a bounty program that gives tipsters a cut of the proceeds in False Claims Act cases.
More
False Claims Act exposure is what gives the campaign its teeth: defendants can be held liable for three times the damages the government alleges, and lawyers have told USA TODAY that the mere threat of an investigation is a powerful cudgel, carrying reputational damage and shareholder litigation risk on top of the legal bill. Fearing lawsuits and the loss of government contracts, dozens of the nation's largest companies — from McDonald's to Facebook owner Meta — have already rolled back or eliminated their DEI programs.
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