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Nike and Coca-Cola cases point to the next DEI fight: who gets to claim discrimination

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16.03.2026

Nike and Coca-Cola cases point to the next DEI fight: who gets to claim discrimination

A federal agency’s recent lawsuit against a Coca-Cola bottler and an EEOC investigation into Nike are heightening anxiety among HR leaders over what comes next for workplace discrimination claims. But lawyer Vanessa Matsis-McCready, associate general counsel and vice president of HR at workforce consulting company Engage PEO, says companies that want their DEI efforts to endure should focus on one thing above all: grounding them in a solid business case.

Companies with long-standing diversity programs, she says, have tended to see stronger profitability and productivity. “If you can tie it to a true business reason, then I think, often, it’s going to survive,” Matsis-McCready said.

That advice lands at a moment when the EEOC is showing greater readiness to investigate claims of so-called reverse discrimination, or allegations brought by members of majority groups, she said.

The shift is already rippling through corporate America. 

In a new survey from labor and employment law firm Littler, 71%........

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