Nike investigated over allegations of discrimination against white employees
The EEOC is investigating Nike over allegations of discrimination against white employees and cracking down on its diversity, equity and inclusion policies.
David Duvall was told in July 2018, after five years as Novant Health’s senior vice president, that the multibillion-dollar health system was “going in a different direction.”
After his firing, Novant Health promoted two deputies, a white woman and a black woman, to take over Duvall’s duties while it searched for Duvall’s successor. A black woman was appointed as his permanent replacement.
Duvall filed a lawsuit in federal court in November 2019, alleging he was fired for promoting diversity in leadership.
At trial two years later, Duvall presented evidence that he received strong performance reviews and received national recognition for the marketing program he developed for Novant Health. His manager testified that he had seven white men reporting to him in early 2018, but none at the time of the trial.
His former employer said Mr. Duvall was fired for performance issues, including walking off the stage during a public presentation. Novant Health said he was given a job coach and more public speaking opportunities, but Duvall delegated them.
The jury sided with Mr. Duvall. A federal appeals court subsequently upheld the $4.8 million award in 2024.
Duvall’s case became a bellwether case that spotlighted high-profile cases in which white men accuse their employers of racial bias and that they were fired or denied opportunities to help companies make room for more women and people of color through diversity, equity and inclusion programs.
Legal experts say the ruling marks an early blow to diversity efforts that are exclusive rather than inclusive.
These incidents are on the rise as anti-DEI activists and the Trump administration target companies’ diversity efforts, even though men, especially white men, make up the majority of American companies.
Although statistically rare, research shows that white men still claim discrimination, just at a lower rate than other groups.
White workers make up about two-thirds of the U.S. workforce but only account for about 10% of all racial discrimination claims, according to data obtained by USA TODAY from the EEOC in 2023. A study by the University of Massachusetts Employment Equity Center found that between 2012 and 2016, white men accounted for about 9% of racial discrimination complaints.
President Trump targets white racism
The view that “illegal” and “woke” DEI policies are harming white Americans, especially white men, was central to President Donald Trump’s presidential campaign and now his second term in office.
The Trump administration has called on white men to call out bigotry, reversing decades of civil rights policies that once prioritized the rights of women and people of color.
The Equal Employment Opportunity Commission has made DEI enforcement a top priority. The agency, which fights workplace discrimination, is investigating Nike’s diversity policies for allegedly discriminating against white employees and has sued a Coca-Cola distributor for discriminating against male employees by organizing a women-only training camp.
EEOC Chair Andrea Lucas signaled that the commission was open to pursuing further enforcement actions and warned Fortune 500 leaders that the Trump administration would not tolerate “discrimination against any particular race or group.”
”all Citizens are entitled to equal treatment under the law and should therefore be afforded equal opportunity in all areas of society, including the workplace,” she wrote in a letter last month.
Claims of “reverse discrimination” increase
Even before President Trump took office, so-called “reverse discrimination” lawsuits were on the rise. Now, lawyers predict that the Trump administration’s enforcement efforts will lead to more complaints of bias from white men.
In June, the Supreme Court unanimously ruled that anti-discrimination laws apply equally to everyone, regardless of race or gender, making it easier to bring such lawsuits.
“Discrimination is illegal whether the victim is black or white, male or female,” Nick Barry, senior counsel at advocacy group America First Legal, told USA TODAY. “Many were hesitant to come forward for fear of retribution or backlash. But the tide is finally turning, and momentum is building around the simple principle that ability, not race or gender, should govern workplace decisions.”
Senior portfolio manager Stephen Miller recently sued Bausch & Lomb and his billionaire employer, Carl Icahn, for denying him a board seat because he is white.
According to a complaint filed in Miami federal court in December, Bausch & Lomb demanded that one of the two board members appointed by Icahn Capital be “diversified,” or non-white.
Bausch & Lomb and Icahn Enterprises did not respond to requests for comment.
“There is no doubt that employers will soon experience the impact of this message,” said Charles Plumb, an attorney at McAfee & Taft in Oklahoma. “We should expect an increase in adverse employment discrimination investigations and lawsuits against employers by federal agencies.”
Prejudiced claims face difficult hurdles and long odds
Like cases brought by women and people of color, these discrimination lawsuits face steep hurdles and long odds, although some white workers have prevailed in court.
A New Jersey jury has awarded $1.3 million to two white educators who say they were removed from a vice principal position at a Newark high school reserved for young, inexperienced candidates of color. Starbucks has been ordered to pay $25 million to regional director Shannon Phillips, who claims she was fired because she is white.
“Sadly, the chances of the employee winning or even going to court are extremely slim,” Duvall told USA TODAY in an email in 2024.
“I hope that my journey of almost six years will be of help to others who have unjustly lost their livelihoods,” he wrote.
His attorney, Luke Larges, said Duvall never set out to become the face of the anti-DEI movement. Rajis said he supported Novant Health’s diversity efforts during his tenure.
Novant Health told USA TODAY in a statement that equal employment opportunity “is a fundamental aspect of Novant Health’s culture and we continue to categorically disagree with any finding of liability.”
For Duvall, standing up for himself in court came at a high cost. He told USA TODAY that the lawsuit has caused “immeasurable damage to my employment, professional reputation and career.”
After Novan, Duvall took a job that paid more and included a contract bonus. He was fired shortly after filing the discrimination lawsuit in November 2019.
Still, headhunters contacted him with interest from four employers. When Duvall informed him of the lawsuit, his phone stopped ringing.
This talented marketing executive currently works as a consultant.
