Federal Scrutiny of Workplace Diversity Programs
WASHINGTON, Dec 19 - Federal authorities have initiated investigations into corporate diversity initiatives, marking a significant change in civil rights enforcement during President Donald Trump's administration, according to the head of the Equal Employment Opportunity Commission.
Andrea Lucas, chair of the EEOC, stated that organizations considering race, gender, or other protected characteristics in employment decisions under Title VII of the Civil Rights Act may encounter enforcement measures or lawsuits. She verified that examinations are currently ongoing and cautioned that programs related to hiring, advancement, or marketing could be reviewed. Lucas did not disclose specific companies under investigation.
"My goal is to shift to a conservative view of civil rights," Lucas remarked during an extensive interview, noting her role as the Trump administration's primary anti-discrimination workforce enforcer.
Lucas outlined her approach for the workplace discrimination agency, which includes addressing all forms of racial discrimination, including diversity, equity, and inclusion efforts; tackling religious freedom concerns such as antisemitism and COVID-19 vaccine requirements; resisting gender identity policies while emphasizing women's rights based on biological sex; and combating national origin discrimination to safeguard all American workers.
She indicated that enforcement could extend to various corporate initiatives designed to create, serve, or market to specific racial or gender groups, including employee resource groups intended as confidential discussion spaces.
"If you have a DEI program or any employee program that involves taking an action in whole or in part motivated by race or sex or any other protected characteristic, that's unlawful," Lucas declared.
Legal Perspectives and Opposition
Earlier this year, former EEOC officials, including ex-Commissioner Chai R. Feldblum, issued an open letter asserting that employers can legally take proactive measures to identify barriers affecting opportunities for applicants and employees based on protected characteristics under established legal principles. "Properly constructed, such efforts are not discriminatory," they maintained.
This represents a new direction for the independent agency, aligning with conservative and administration policies. The EEOC was established through the landmark 1964 Civil Rights Act to enforce federal laws against workplace discrimination based on race, color, religion, sex, or national origin in corporate hiring, retention, and promotion practices.
Lucas also mentioned the White House's stance that white men have faced workplace discrimination through DEI programs, encouraging the submission of related complaints.
"Chair Lucas and the Trump Administration are ensuring all Americans are treated fairly by rigorously enforcing civil rights laws, ending illegal DEI-motivated race and sex discrimination, and upholding the Constitution," White House spokesperson Liz Huston stated.
In contrast, three former EEOC officials noted that the agency would need to demonstrate a pattern or practice of discrimination to pursue companies and show non-compliance with Title VII, a challenging legal standard to prove in court.
The EEOC's transformation is expected to encounter substantial resistance from experts, as civil rights advocates and Democrats have long argued that DEI policies are essential to address persistent structural inequalities and discrimination.
Enforcement Expansion and Corporate Responses
However, this redirection means no company is immune from enforcement actions, subpoenas, or litigation since Lucas assumed the chair position after Trump appointed her in early November, resulting in a 2-1 Republican majority on the commission with two vacancies. The commission can only have three members from one party. Last month, the Senate confirmed Republican Brittany Panuccio, while Commissioner Kalpana Kotagal remains the sole Democrat.
EEOC investigations will intensify in 2026 using all planned tools, including expanded web-archive searches to target companies that have merely altered their DEI terminology.
Her emphasis is on "race-restricted programs or sex-restricted programs or other actions that involve overt distinctions between people based on race," she explained. "It doesn't matter if you call that DEI or belonging or 'EO' or anything: If it functions like that, it's illegal."
Lucas's new approach follows Trump's series of executive orders earlier this year, including two targeting DEI initiatives like mandatory racial equity training for staff.
This prompted several Fortune 500 companies—including Target, Walmart, and Amazon, all employing significant numbers of workers from historically marginalized groups—to eliminate or reevaluate such programs entirely.
In response, some companies discreetly removed DEI language from policy documents and recruitment communications, while others took more drastic steps, dissolving employee resource groups and discontinuing long-standing supplier diversity efforts.
Lucas noted that her agency will determine in the coming year whether these initiatives meet the threshold for broad, rapid action.
"We're talking about potentially thousands of people being involved or like a very blatant racial or sex-discrimination-related restricted programming," Lucas said. "Either way, we're looking for strategic impact."
