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The Legal Corner - John Hagan, Hagan Law Group
January 2026
WHAT I LEARNED IN HR THIS WEEK! STAYING AHEAD OF THE CURVE.For the first time ever, the EEOC is soliciting white male employees to file charges of discrimination against their employers, resulting from illegal DEI programs. See attached.
We expect more charges and lawsuits to be filed, challenging our DEI programs. How do you stay ahead of the curve if you have a DEI program in place?
BE INCLUSIVE, NOT EXCLUSIVE.
The most legally defensible DEI initiatives focus on expanding opportunity rather than restricting it. Programs that are open to all employees but designed to address documented disparities tend to fare better than those with eligibility criteria based on race or sex.
NO QUOTAS!
Avoid quotas or demographic targets in hiring and promotion
Numerical goals tied to protected characteristics create significant legal exposure. Courts have consistently held that employment decisions must be based on individual qualifications rather than efforts to achieve particular demographic outcomes.
LEGITIMATE BUSINESS JUSTIFICATION
Document legitimate business justifications. When you get sued, I will need to demonstrate that your DEI program serves a legitimate, non-discriminatory purpose—improving recruitment pipelines, reducing turnover, enhancing innovation, etc. But I cannot demonstrate that without you documenting these justifications, and documenting them at the time your DEI decisions are being made.
ADVERSE IMPACT
I have slowed down my advice to HR professionals on battling adverse impact claims because the EEOC has backed off from this theory. But just because the EEOC won't prosecute such claims, that does not mean that individuals are barred from claiming disparate impact. All they need do is to claim disparate impact in their EEOC charges, ask the EEOC for their Right to Sue letters, and then sue.
John P. Hagan
Hagan Law Group LLC
1333 W. McDermott, Suite 200
Allen, Texas 75013
469-519-2760
469-208-5366 – fax
John Hagan - Board Certified Labor and Employment Attorney - Hagan Law Group LLC | LinkedIn
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