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“We should expect to see this trend continue, and see an uptick in these so-called reverse discrimination claims brought by men who are not members of historically disadvantaged groups,” Michael Steinberg, a labor and employment attorney at firm Seyfarth Shaw, tells Fortune.
The case comes at a particularly fraught time when it comes to the legal landscape of the workplace in general. A combination of the Supreme Court’s decision to overturn affirmative action and Trump’s executive orders targeting affirmative action have made companies extra cautious about their programs and protocols around diversity initiatives.
David Glasgow, executive director of the Meltzer Center for Diversity, Inclusion, and Belonging at New York University, says it’s the first instance, since Trump took office, that justices have put their stances around DEI in writing. And he adds it could “encourage potential plaintiffs to see shifts in the wind and then follow them right to bring future claims.”
