President Donald Trump’s incoming administration is expected to target diversity, equity, and inclusion (DEI) initiatives that allegedly discriminate against white and Asian Americans. The Department of Justice may use its civil rights authority to investigate and challenge companies engaging in such practices.
Lawyer David Pivtorak, who represents clients in cases of alleged discrimination, described the Justice Department’s broad legal powers to dismantle DEI policies. He emphasized that the department could access internal corporate data, question executives, and impose oversight through consent decrees that could last for years.
“From a cost-benefit perspective, companies may decide DEI isn’t worth it,” Pivtorak said, noting that such programs often cater to activists but lack financial justification.
Examples of alleged DEI discrimination abound. IBM limited certain internships to racial minorities and female applicants, excluding white and Asian candidates. Oracle similarly excluded these groups from two leadership programs. Other companies, including Microsoft and Apple, have been criticized for using racial and gender preferences in hiring and career advancement programs.
Missouri Attorney General Andrew Bailey has already sued IBM for allegedly violating civil rights laws. Critics of these programs argue they blatantly disregard Title VII of the Civil Rights Act, which forbids race and sex-based preferences in employment.
Stephen Miller, Trump’s policy adviser, has a history of challenging discriminatory programs. His advocacy organization, America First Legal, previously secured a court victory against a pandemic relief fund that excluded white men. Observers believe his involvement signals an aggressive approach to dismantling DEI initiatives nationwide.
Should the Justice Department pursue these cases, companies may rethink the financial and legal risks of maintaining DEI programs. Advocates for this crackdown argue it would bring equality back into focus and reduce discriminatory hiring practices.
