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EEOC, DOJ focus on eliminating DEI, discrimination against white men

February 2026 federal employment law insider
Authors: 

the editors of FELI

After spending the first year of his second term demonizing diversity, equity, and inclusion (DEI) and retooling workplace agencies to focus on discrimination against white men, President Trump opened the second year by stating in an interview with the New York Times that white people were very badly treated after the passage of the Civil Rights Act of 1964.

Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas, who has been very transparent that she will execute President Trump’s priorities, recently issued a PSA on social media asking white males to file complaints with the EEOC:

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.

She went on to say that the EEOC is committed to identifying, attacking, and eliminating all forms of race and sex discrimination—including against white male applicants and employees.

In addition, the EEOC is currently aggressively seeking information on companies’ DEI programs using its substantial subpoena enforcement power.

The Department of Justice (DOJ) has begun investigating companies’ DEI programs under the False Claims Act (FCA), using civil investigative demands (CIDs). There are many challenges to using the FCA against DEI, but companies are very concerned about such investigations because the financial consequences of a successful litigation would be substantial in light of the Act’s treble damages.

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