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Trump Admin Wants to Make It Easier for White Men to Sue for Discrimination

The EEOC is moving to rescind a rule that has stood in the way of its politicized attacks alleging discrimination against white men.

The chair of the Equal Employment Opportunity Commission, the federal agency created by the Civil Rights Act of 1964 to protect American workers from discrimination, moved to delete the agency’s affirmative action rule that was implemented almost 50 years ago.

Chair Andrea Lucas, who was appointed by President Donald Trump, proposed to rescind the “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964” rule on May 27. The rule has proved a barrier to her efforts to bring lawsuits on behalf of white men who say they were discriminated against at work — a barrier the rescission would get rid of.

The move, which was previously unreported, comes amid Lucas’s quest to characterize all employer efforts at diversity, equity, and inclusion as illegal race discrimination. The agency has filed lawsuits under her watch on behalf of white men at the New York Times and Coca-Cola, as well as investigations into Nike and Northwestern Mutual.

“This proposed rescission is part of this administration’s continued assault on equality for people of color and for women,” said former EEOC commissioner Jocelyn Samuels, who added that the change reflects Trump’s “solicitude for the fortunes of white men.”

The EEOC did not respond to a request for comment.

Rule to Fight Discrimination

The rule Lucas wants to do away with was crafted shortly after the EEOC was granted litigation authority in 1972.

Racial discrimination had been rampant throughout American workplaces, and some employers wanted to act to correct those long-standing discriminatory practices and racial disparities in an affirmative way.

Responding to the call, the EEOC crafted the rule to allow for very narrow circumstances in which it would be permissible for employers to take race into account in such efforts.

To take advantage of the rule, employers have to do an analysis showing they had shut out women or people of color for a long time — in other words, that there were “prior discriminatory practices.” Only then can a hiring process favor, say, Black candidates for a job position.

Lawyer on EEOC’s New York Times Lawsuit Has History Battling Discrimination Against Men

The rule also gives employers some cover. Under the Civil Rights Act, employers can’t be held liable for taking action done in good faith to follow an EEOC regulation that was voted on by the commissioners, such as the affirmative action rule.

At least one large employer in the Trump EEOC’s sights has cited the rule. In........

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