Employers are contending with a version of the U.S. Equal Employment Opportunity Commission they’ve never seen before, attorneys at Duane Morris said during a virtual presentation Tuesday.
“Change is the new normal, and this is not your father’s, mother’s or grandparents’ EEOC,” said Gerald Maatman, partner at the firm. “It’s a very new agency that we’re seeing in front of us.”
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Riley and Maatman specifically highlighted the agency’s attempt to enforce an administrative subpoena against Nike as a signal of its priorities. EEOC sought information on Nike’s diversity, equity and inclusion programs, requesting employee records and descriptions of the company’s efforts to increase representation of racial and ethnic minorities.
“In my 40 years of defending employers dealing with EEOC investigations and lawsuits, this was a very unique situation and kind of the tip of the spear of the Trump-led EEOC championing attacks on DEI programs,” Maatman said of the Nike case.
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Additional shifts can be seen in how current EEOC leadership has pivoted away from the agency’s 2022-2026 Strategic Plan, which Maatman said essentially serves as a blueprint for the agency over a four-year period. That document was supplemented by the 2024-2028 Strategic Enforcement Plan, which outlined six subject matter enforcement priorities.
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Under Chair Andrea Lucas, EEOC has instead prioritized enforcement of “reverse bias” claims against majority-group workers, including White male workers, Maatman said. Those efforts also extend to American workers who the agency alleges have suffered national origin discrimination, said Daniel Spencer, partner at Duane Morris.
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The post Courts Likely To Side With EEOC in DEI Probes, Attorneys Say appeared first on American Renaissance.
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