A recent U.S. Circuit Court of Appeals for the District of Columbia (D.C. Circuit) decision highlights the broad scope of the False Claims Act’s (FCA) non-retaliation provision, potentially affecting whistleblower claims involving “illegal DEI” or other alleged discrimination.
In United States ex rel. Kini v. Tata Consultancy Services, Ltd., Anil Kini alleged his employer fraudulently obtained employment-based visas. He raised concerns internally and subsequently filed an FCA suit. He was later fired. Though the fraud claim failed, the court found Kini did raise a valid retaliation claim.
The FCA protects employees “investigating matters that reasonably could lead to a viable FCA case.” Kini warned that visa abuse could have serious consequences under Trump-era mandates and asked whether the company would address the issue before federal authorities got involved. His termination soon after was enough, the court said, to support a retaliation claim.