Following the 2024 presidential election, the Equal Employment Opportunity Commission has not been shy about announcing changes to its enforcement priorities. Based on President Trump’s directives, the agency has openly solicited complaints by workers who allege that they have been subjected to reverse discrimination by their employers. These claims include adverse actions based on corporate diversity, equity, and inclusion (DEI) initiatives, as well as more favorable treatment of non-American workers.

This week, the EEOC filed a lawsuit against a New Mexico employer alleging that the company tolerated harassment by co-workers originally from Mexico. The employee alleged that even though he is Hispanic, Mexican employees ignored him and called him derogatory names associated with his U.S. birth. He claimed that his supervisor provided directions and feedback in Spanish and that English-speaking employees were excluded from workplace discussions. The employee also alleged that he was terminated after complaining about his co-workers' behavior and his supervisor’s ignorance of these issues.

The EEOC filed a class action lawsuit on behalf of all employees of U.S. origin, alleging national origin discrimination and retaliation. The EEOC only files lawsuits in a small percentage of charges filed with the agency. This suit and several other recent similar claims demonstrate the EEOC’s shift in enforcement priorities from protection of minority groups to a focus on reverse discrimination actions on behalf of individuals in majority demographic categories.

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