The Employment Law Counselor

The United States Equal Employment Opportunity Commission (“EEOC”) recently filed a lawsuit against Coca-Cola Beverages Northeast, Inc. (“Coca-Cola Northeast”) alleging that the Coca-Cola distributor discriminated against its male employees on the basis of sex.

In its complaint, filed February 17, 2026 in the United States District Court for the District of New Hampshire, the EEOC alleges that Coca-Cola Northeast engaged in sex discrimination in violation of federal discrimination laws when it sponsored a two-day “trip and networking event” for female employees that excluded male employees. The EEOC further claimed that male employees were discriminated against because the employer gave perks and other non-monetary benefits to female employees which were not provided to male employees including excusing female employees from regular work duties while providing their “normal wages and salary” and providing female employees with hotel rooms, food, beverages and other travel benefits while not extending those same benefits to males. In addition to compensatory and punitive damages, the EEOC seeks a court order compelling Coca-Cola Northeast to “institute and carry out policies, practices, and programs which provide male employees with equal access to employer-sponsored events[.]”

The Broader Context

The Coca Cola lawsuit represents a growing trend by the EEOC to engage in efforts to prevent majority group discrimination and challenge employer DEI efforts. On June 5, 2025, the United States Supreme Court held that Title VII of the Civil Rights Act of 1964 does not impose a heightened standard of scrutiny when analyzing claims of discrimination brought by those in “majority groups.”

In the wake of that decision, the EEOC continues to signal its intent to focus on majority group discrimination and scrutinize employer DEI initiatives. In mid-December 2025, EEOC Chair Andrea Lucas posted a video on social media directed to white males encouraging them to file claims for work-place discrimination. The EEOC also recently issued guidance regarding “DEI-Related Discrimination,” specifically stating:

Under Title VII, DEI initiatives, policies, programs, or practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated—in whole or in part—by an employee’s or applicant’s race, sex, or another protected characteristic.

In addition to the Coca-Cola lawsuit, on February 4, 2026, the EEOC announced that it was investigating Nike, Inc. for allegations of race discrimination against white employees. The EEOC specifically stated that Nike has been the subject of “systemic allegations of DEI-related intentional race discrimination” against white employees, applicants, and training program participants in a number of employment actions, including “hiring, promotion, demotion, or separation decisions, including selection for layoffs; internship programs; and mentoring, leadership development and other career development programs.”

Key Takeaways For Employers

The EEOC’s recent lawsuit against Coca Cola Beverages Northeast, and its recent investigation of Nike, are likely only the beginning of an uptick in discrimination claims brought by majority-group employees against employers. As a result, employers should:

• Promptly consult with counsel and audit their DEI programs and initiatives.
• Update written discrimination policies and training to address majority-group discrimination.
• Gear up for the potential consequences of discrimination claims arising out of DEI programs, including the possibility of class actions by all majority group employees.
• Be aware that even the non-monetary benefits of a DEI program could potentially constitute “adverse employment actions”, especially given recent Supreme Court precedent greatly expanding the actions that may qualify as an “adverse employment action.”

For more information, please contact R. Victoria Fuller (fullerv@whiteandwilliams.com; 617.748.5223); Laura Corvo, (corvol@whiteandwilliams.com; 201.368.7226); Christina Balli (ballic@whiteandwilliams.com; 617.748.5216) or a member of White and William's Labor and Employment Practice Group.