The Justice Department has announced that Deloitte and several affiliated entities agreed to pay $21.5 million to resolve allegations that they violated the False Claims Act by failing to comply with anti-discrimination obligations in federal contracts and by discriminating against employees and applicants. The settlement involves Deloitte LLP, Deloitte Consulting LLP, Deloitte Touche LLP, Deloitte Financial Advisory Services LLP, and Deloitte Transactions and Business Analytics LLP.

The case is significant not simply because of the dollar amount, but because it reflects the government’s continuing use of the Civil Rights Fraud Initiative. That initiative treats alleged workplace discrimination by federal contractors as more than a traditional employment-law problem.

The Justice Department’s first public settlement under its Civil Rights Fraud Initiative is an important signal for companies that do business with the federal government. According to a recent litigation summary, IBM agreed to pay roughly $17 million to resolve allegations that certain DEI-related practices conflicted with anti-discrimination obligations tied to federal contracts, creating potential liability under the False Claims Act. The development was highlighted in Thompson Coburn’s Higher Education Litigation Summary.

The legal significance goes well beyond a single settlement amount.