In a recent social media post, U.S. Equal Employment Opportunity Commission (“EEOC”) Chair Andrea Lucas brings the agency’s shift in priorities to the forefront by urging white males to file claims if they have experienced workplace discrimination based on their race or sex. Specifically, on the social media platform X, Andrea Lucas stated, “Are you a white male who has experienced discrimination at work based on your race or sex? You may have a claim to recover money under federal civil rights laws.” She then added that the “EEOC is committed to identifying, attacking, and eliminating ALL race and sex discrimination – including against white male employees and applicants.”
Congress established the EEOC to enforce Title VII of the Civil Rights Act of 1964. The EEOC is the lead federal agency to enforce laws that ban employment discrimination based on race, color, religion, national origin, sex, pregnancy, age, disability, and genetic information. Created as part of the Civil Rights Act, the EEOC is the chief enforcer of Title VII.
Since President Trump was voted into office, the administration has called on the EEOC to implement its agenda in targeting diversity, equity and inclusion (“DEI”) programs and shifting to “merit-based opportunity” in the workplace. Early in his presidency, President Trump issued a series of executive orders directing the EEOC to root out unlawful DEI-motivated race and sex discrimination and since then the agency has aligned itself with those initiatives. Andrea Lucas’s recent statements underscore that shift in focus.
The Washington Post reported that, “Lucas said her X post reflects the agency’s effort to “correct underreporting” of forms of discrimination that were neglected by the past administration, adding that “for too long, many employees thought they weren’t the “right” kind of plaintiff, that our civil rights laws only protected certain groups, rather than all Americans.”
As a result of the EEOC’s position and the Chair’s recent statements, employers can anticipate a potential increase in discrimination claims by white male employees, including challenges to hiring, promotion, and termination decisions. As always, employers should ensure their DEIA policies comply with federal, state, and local laws. It is advisable that employers conduct an audit of all DEI-related policies, programs and initiatives and identify and remediate policies and practices that could potentially have an unlawful disparate impact on current and prospective employees. In addition, employers should ensure equal access to all aspects of employment and professional development.
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