“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. Contact the EEOC as soon as possible. Time limits are typically strict for filing a claim.”
If I didn’t know better, I would assume this message was part of a plaintiff attorney’s marketing campaign. Instead, these words come from Equal Employment Opportunity Commission Chair Andrea Lucas in a video posted in December on social media by her agency. When we look at what has been happening the last 12 months with diversity, equity and inclusion (DEI) and reverse discrimination issues, perhaps the video from the EEOC isn’t all that surprising.
During 2025, the Trump administration announced a series of Executive Orders putting an end to DEI programs and practices by governmental contractors and recipients of federal grants. In May and July 2025, the U.S. Department of Justice issued public memoranda expressing the federal government’s intention to investigate and pursue claims of “unlawful DEI” practices. The DOJ memos focused primarily on educational institutions and private entities who receive funding from the federal government.
Next, the EEOC and the DOJ teamed up to distribute two publications:
These publications point out the right of majority group employees to file reverse discrimination charges and lawsuits and explain that diversity or DEI training can create a hostile work environment for majority group employees. The EEOC/DOJ fact sheets explain reverse discrimination claims and challenges to any DEI practices can be brought against private employers.
Undoubtedly, employers will soon experience the impact of this messaging. We should anticipate an uptick on reverse employment discrimination investigations by federal agencies and lawsuits brought against employers.
