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EEOC Files First Lawsuit Targeting Workplace DEI Programs Under Trump

February 18, 2026 · by Fintool Agent

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The U.S. Equal Employment Opportunity Commission filed its first lawsuit targeting workplace diversity, equity and inclusion programs under the Trump administration Tuesday, suing a Coca-Cola bottler for hosting a women-only networking event that excluded male employees—a case that could reshape how corporate America approaches DEI initiatives.

The lawsuit against Coca-Cola Beverages Northeast alleges the company violated Title VII of the Civil Rights Act when it hosted a two-day event for approximately 250 female employees at Mohegan Sun casino in Connecticut in September 2024, covering hotel costs and excusing attendees from work duties while offering none of these benefits to men.

The Coca-cola Company is not a defendant in the case—the lawsuit targets Coca-Cola Beverages Northeast, a regional bottler and distributor owned by Japan's Kirin Holdings. However, the EEOC complaint notes that Jennifer Mann, President of Coca-Cola North America Operating Unit, spoke at the event, potentially implicating the beverage giant in the legal controversy.

Shares of Coca-Cola closed at $79.49, down 0.09%, near its 52-week high of $80.41.

The Legal Test Case for DEI

The lawsuit represents a significant escalation in the Trump administration's assault on corporate diversity programs. While the EEOC has been investigating Nike and Northwestern Mutual for alleged discrimination against white workers, the Coca-Cola bottler case marks the first time the agency has actually filed suit claiming a DEI-focused workplace program is unlawful.

"The EEOC remains committed to ensuring that all employees – men and women alike – enjoy equal access to all aspects of their employment," EEOC Acting General Counsel Catherine Eschbach said in a statement. The agency characterized the lawsuit as evidence that "excluding a protected class of workers such as men from any employer-sponsored event is illegal."

EEOC DEI Enforcement Timeline

The case stems from a September 2024 event that featured team-building exercises, recreational activities, a social reception, and speakers discussing their career paths. According to court filings, male employees were neither invited nor offered equivalent benefits—a straightforward exclusion that legal experts say makes this an ideal test case for the EEOC's broader anti-DEI agenda.

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Nike Under Formal Investigation

The Coca-Cola bottler lawsuit follows the EEOC's February 4 motion to enforce a subpoena against Nike, demanding records related to an investigation into alleged discrimination against white employees and job applicants. That action marked the first time the EEOC publicly confirmed a formal anti-DEI investigation against a major corporation.

The Nike probe, which EEOC Chair Andrea Lucas initiated through a commissioner's charge in May 2024, seeks information about:

  • Criteria for selecting employees for layoffs
  • How Nike tracks and uses worker race and ethnicity data
  • Programs providing "race-restricted mentoring, leadership, or career development opportunities"

Nike shares closed at $65.55, up 1.13%, though the stock remains well below its 52-week high of $82.44 amid a broader sales turnaround effort.

The investigation focuses on Nike's publicly stated diversity targets. The company's proxy statements reveal ambitious 2025 goals including 50% representation of women in the global corporate workforce, 45% of women at VP level globally, and 35% representation of racial and ethnic minorities in the U.S. workforce.

Nike described the subpoena enforcement action as "a surprising and unusual escalation," noting it has already provided "thousands of pages of information and detailed written responses" to the EEOC.

Corporate DEI Programs Face New Scrutiny

Both Nike and Coca-Cola have extensive DEI programs integrated into their corporate governance and executive compensation structures—practices that could now face legal challenges.

Coca-Cola's proxy filings show the company ties DEI performance to executive pay and has set 2030 representation goals to "be 50% led by women globally and mirror U.S. census data for race and ethnicity at all job levels." The company's board reviews DEI plans and progress at least twice annually through its Talent and Compensation Committee.

Nike similarly incorporated diversity metrics into its long-term incentive compensation. The company's fiscal 2021-2023 LTIP awards included a "People & Planet modifier" that could increase payouts by up to 25 percentage points based on achievements in "employee engagement and inclusion, leadership diversity, and sustainability."

CompanyDEI Compensation Link2025/2030 Representation Targets
NikePeople & Planet modifier (up to 25% increase) 50% women globally; 45% women at VP; 35% minorities in U.S.
Coca-colaDEI components embedded in executive compensation 50% women globally by 2030; mirror U.S. census data
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Legal Implications for Corporate America

Employment attorneys say the EEOC's enforcement posture represents a fundamental shift in how companies should approach diversity initiatives.

The EEOC's complaint in the Coca-Cola bottler case specifically alleges the company's actions were "intentional and carried out with malice or reckless indifference to the federally protected rights of male employees." The agency is seeking compensatory and punitive damages along with a permanent injunction against sex-based discrimination.

Legal experts advising companies on DEI compliance note several practices now facing heightened scrutiny:

  • Gender or race-exclusive networking events
  • Mentoring programs limited to specific demographic groups
  • Hiring targets tied to race or gender
  • Layoff decisions that may disproportionately affect white workers

The EEOC followed standard procedure before filing suit: finding reasonable cause in January 2025, attempting conciliation, then notifying the company in August 2025 that negotiations had failed.

What to Watch

The Coca-Cola bottler lawsuit sets up a potentially precedent-setting legal battle. Key developments to monitor:

Near-term: Whether Coca-Cola Beverages Northeast will settle or fight the case. A settlement could establish templates for how companies restructure DEI programs; litigation could produce binding legal precedent on what constitutes unlawful workplace diversity initiatives.

Nike investigation: Whether the EEOC moves from investigation to formal charges. Nike's extensive cooperation with the agency may not be enough to avoid litigation given the political priority the Trump administration has placed on DEI enforcement.

Broader corporate response: Companies across industries may pre-emptively review and restructure diversity programs to avoid similar legal exposure. Watch for changes in proxy disclosures around DEI metrics and compensation linkages.

Congressional action: The aggressive enforcement could prompt legislation either codifying the EEOC's interpretation or protecting certain DEI practices.

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Related Companies: The Coca-cola Company · Nike

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