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White males could make up the next wave of discrimination claims

April 2026 employment law letter
Authors: 

Charlie Plumb, McAfee & Taft

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 an employee’s attorney’s marketing campaign. Instead, these words come from Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas in a video posted in December 2025 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.

EEOC and DOJ team up to defend the majority 

During 2025, the Trump administration announced a series of Executive Orders (EOs) 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 (DOJ) issued public memoranda expressing the federal government’s intention to investigate and pursue claims of what it called “unlawful DEI” practices. The DOJ memos focused primarily on educational institutions and private entities that receive funding from the federal government.

Next, the EEOC and the DOJ teamed up to distribute two publications:

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