Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas recently asked her followers a question on the social network X: "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."
Her post signals a shift in the EEOC's enforcement priorities. With the recent confirmation of Commissioner Brittany Panuccio, Chair Lucas now commands a quorum—the minimum three out of five commissioners required to vote on litigation, rule-making, and guidance.
"The EEOC is committed to identifying, attacking, and eliminating ALL race and sex discrimination — including against white male employees and applicants," Lucas added.
While Title VII’s underlying text has not changed, the legal framework governing discrimination claims is evolving, especially in light of recent Supreme Court decisions that are focusing on the text of Title VII to render decisions. Following the Supreme Court’s recent unanimous decision in Ames v. Ohio Department of Youth Services, which settled a circuit split and held that plaintiffs from majority groups — those who are not traditionally believed to be disadvantaged — need not overcome artificial procedural barriers to obtain Title VII’s protections against discrimination. The EEOC's message further suggests that all discrimination claims will be scrutinized, regardless of the claimant's background.
On June...
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