News

The Equal Employment Opportunity Commission has spent the better part of a year pursuing employers’ diversity, equity and inclusion policies, calling them illegal. Federal contractors were an obvious early target. The EEOC has now widened its playing field.

The Equal Employment Opportunity Commission has sued Coca-Cola Beverages Northeast over allegations that it illegally provides a networking event for female employees only, excluding all male workers. The agency called this sex discrimination and a violation of the Trump administration’s executive orders barring “illegal DEI” practices.

Back in 2015, the Equal Employment Opportunity Commission became the first agency or court to conclude that Title VII’s sex-discrimination provisions included protection for individuals whose gender identity did not align with their sex assigned at birth. Fast-forward to 2026, and the same agency has overturned that decision.

Not every stray comment contributes to creating a hostile work environment. Instead, harsh words or acts like excluding someone from a meeting may reflect a management style that, while uncomfortable, does not create a hostile work environment. A recent case distinguishes the two and offers lessons to employers on telling the difference.

In a letter sent to chief executives, general counsel and board chairs, the agency’s leader emphasized that workplace initiatives tied to diversity, equity and inclusion must still comply with longstanding protections under Title VII of the Civil Rights Act of 1964.

The Equal Employment Opportunity Commission has sued a Tennessee employer for alleged practices that should have died in the last century. It’s a warning that all employers need to make sure every division, location and supervisor understands what’s acceptable and what can never be tolerated under any circumstances.

Discrimination lawsuits involving allegations not within the EEOC’s priorities will increase in direct relationship to the types of cases the agency is prioritizing. Think more age, race, sexual orientation and gender identity, genetic information, equal pay and disability discrimination cases.

Employers should self-audit to determine whether they may be inadvertently discriminating based on a protected classification.

In February, the commission sent letters to several law firms questioning their participation in a certification program run by a company called Diversity Lab. The company created the Mansfield Certification Program, which was supposed to help law firms achieve common diversity goals in the delivery of legal services.

Just a few weeks after EEOC Chair Andrea Lucas took to social media site X to plea for white men who believe they have been discriminated against because of their race, sex or both to file complaints, a plaintiff has filed a failure-to-hire lawsuit based on reverse discrimination.