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EEOC Tells Court that Employers Could Be Required to Submit EEO-1 Pay Data by September 30

Client Alert | 1 min read | 04.04.19

In response to an April 3 court-ordered deadline to provide further guidance to employers regarding their EEO-1 filing obligations, the EEOC filed a submission with the court yesterday proposing that employers be required to submit 2018 EEO-1 compensation data by September 30, 2019. The agency indicated that it will hire a contractor, at a cost of over $3 million, to collect the data “including providing the processes, procedures and systems to undertake and close the collection by September 30, 2019.” The EEOC is awaiting a ruling on whether its proposal is acceptable, and has not, as yet, provided any further guidance to employers about the process, so stay tuned for further details in the coming days.

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Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....

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