WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) under new Chair Andrea Lucas faces steep challenges in proving corporate diversity, equity, and inclusion (DEI) programs discriminate against white men, legal experts warn, as the Trump administration ramps up its anti-DEI push. Lucas, signaling a “conservative view of civil rights,” plans inquiries into DEI practices for race- or sex-based hiring decisions. She invited submissions of discrimination claims against white men and vowed to use subpoenas, depositions, and lawsuits if needed. This follows Trump’s swift executive orders purging federal DEI initiatives and pressuring private firms.
Yet, former EEOC Chair Jenny Yang stressed agencies must build court-worthy cases: “DEI work often prevents discrimination and ensures equal opportunity, which is employers’ legal duty.” Rutgers professor Stacy Hawkins added claimants must prove denied jobs due to race or sex preferences, not just increased competition from diverse talent pools. Experts note many firms have audited and retooled DEI to comply with law, viewing it as a business imperative for reflecting customer bases and boosting success. Conservative influencers like Robby Starbuck push for codifying anti-DEI measures into law beyond executive orders.
Corporate America, embracing DEI for representation, fair pay, and inclusion, shows little sign of retreat despite the scrutiny. Former candidate Stacey Abrams called it “essential for pathways to opportunity,” with most companies and Americans supportive. This pivot tests U.S. discrimination law’s boundaries, pitting enforcement zeal against entrenched workplace equality principles.