A recent False Claims Act settlement against a charter school demonstrates that schools and tech companies may violate the law if they engage in bid-rigging and kickbacks during the procurement process. Concept Schools, NFP, a charter school company based in Illinois, agreed to pay $4.5 million to settle claims by the Government that Concept Schools rigged the bidding for its technology vendor…
According to the Age Discrimination in Employment Act, it is illegal to discriminate against or treat an older employee less favorably because of his/her age – this includes hiring, firing, job assignments, fringe benefits, and any other condition of employment. But even though age discrimination in the workplace is illegal, it’s still a major problem in the U.S. today, especially in…
A qui tam case can be brought against a government contractor, such as a defense contractor, for violating its contract with the government. Defense contractor fraud is considered one of the most active areas of whistleblower litigation since the government spends billions of dollars on defense contracts with companies around the world. Some of the more common ways a defense contractor can…
Kickbacks are hidden financial arrangements between a person and an organization. Usually, these types of cases involve fraud in the healthcare system and can come in several forms. However, one basic principle is in every kickback case – the healthcare provider will provide some sort of benefit in return for other providers to prescribing or using that provider’s services or…
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On August 14, 2020, the Department of Education’s final regulations regarding sexual harassment under Title IX went into effect. This marks the final step in a controversial process that began in November 2018, when President Trump’s Secretary of Education Betsy DeVos submitted a proposal to drastically overhaul many aspects of the Title IX guidelines instituted under the Obama administration. Title…
The Securities and Exchange Commission (“SEC”) recently voted to accept long-anticipated revisions to the rules governing its whistleblower program. While not all of the changes present a boon to whistleblowers, one modification clearly does—because under revised Rule 21-F6, there is now a presumption that, for many awards, the SEC will pay a whistleblower the statutory maximum award of 30 percent…
On September 22, 2020, President Donald Trump signed Executive Order 13950, “Combating Race and Sex Stereotyping,” which, contrary to its title, seeks to undercut workplace equity and inclusion. The Executive Order—ostensibly targeting the anti-racism training that proliferated in the wake of the murder of George Floyd and the subsequent national reckoning with systemic racism—prohibits federal contractors and federal grant recipients…
The U.S. Department of Labor (“DOL”) recently issued a guidance document explaining that 401(k) plans are permitted to invest in private equity funds, albeit only indirectly.[1] The DOL touts its new guidance as a policy that “level[s] the playing field for ordinary investors” and helps “ensure that ordinary people investing for retirement have the opportunities they need for a secure retirement.”[2] However,…
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. It states that it is illegal to discriminate against a woman who is pregnant. This means that as long as a pregnant woman can handle the major functions of her job, an employer cannot fire or refuse to hire her on the basis of…