Aon | Financial Services Group
Back to FSG Quick Insights | Subscribe to FSG Quick Insights >>
Thomas Hams, Samantha Manfredini Look
The Ames v. Ohio Department of Youth Services Supreme Court case applying the same evidentiary standard to discrimination cases brought by minority and majority group plaintiffs has emboldened the Equal Employment Opportunity Commission (EEOC) in its focus on identifying companies engaging in what has been coined ‘reverse discrimination.’ Not only has EEOC Chair Andrea Lucas issued public statements in support of the Trump Administration’s scrutinization of corporate DEI programs, in an unprecedented move, she also posted a video on social media soliciting white male employees to file discrimination complaints.
While waiting for these claims to come in, the EEOC is proactively targeting companies. As of February 2026, two EEOC investigations are making headlines for investigating alleged instances of reverse discrimination—one against Nike and the other against a Coca-Cola distributor.
In the Nike case, the EEOC filed a lawsuit compelling production of records related to criteria used for hiring, advancement, layoffs and internship, leadership and career development programs dating back to 2018 to identify whether white applicants and workers were disadvantaged.
In the Coca-Cola case, a beverage distributor is alleged to have excluded males from an employer-sponsored trip and networking event by only inviting female workers.
Employers across all industries may face increased exposure to majority group discrimination claims coinciding with the increased focus on their resource groups, supplier diversity programs, and recruitment and retention efforts. Employers should be vigilant in reviewing their policies and procedures and rely on outside counsel or advisors as needed. Aon is monitoring litigation, with the ability to share real-time analysis and key updates.
For more information, please reach out to your Aon contact.
About Aon
Aon (NYSE: AON) exists to shape decisions for the better — to protect and enrich the lives of people around the world. Through actionable analytic insight, globally integrated Risk Capital and Human Capital expertise, and locally relevant solutions, our colleagues provide clients in over 120 countries with the clarity and confidence to make better risk and people decisions that help protect and grow their businesses.
Follow Aon on LinkedIn, X, Facebook and Instagram. Stay up-to-date by visiting Aon’s newsroom and sign up for news alerts here.
©2026 Aon plc. All rights reserved.
Aon is not a law firm or accounting firm and does not provide legal, financial or tax advice. Any commentary provided is based solely on Aon’s experience as insurance practitioners. We recommend that you consult with your own legal, financial and/or insurance advisors on any commentary provided herein. All descriptions, summaries or highlights of coverage described herein are for general informational purposes only and do not amend, alter or modify the actual terms and conditions of any relevant policy. Coverage is governed only by the terms and conditions of such policy. Insurance coverage in any particular case will depend upon the type of policy in effect, the terms, conditions and exclusions in any such policy, and the facts of each unique situation. No representation is made that any specific insurance coverage would apply in the circumstances outlined herein. Please refer to the individual policy forms for specific coverage details.
The information contained in this document and the statements expressed are of a general nature and are not intended to address the circumstances of any particular individual or entity.
This document is not intended to address any specific situation or to provide legal, regulatory, financial, or other advice. While care has been taken in the production of this document, Aon does not warrant, represent or guarantee the accuracy, adequacy, completeness or fitness for any purpose of the document or any part of it and can accept no liability for any loss incurred in any way by any person who may rely on it. Any recipient shall be responsible for the use to which it puts this document. This document has been compiled using information available to us up to its date of publication and is subject to any qualifications made in the document.
Insurance products and services offered by Aon Risk Insurance Services West, Inc., Aon Risk Services Central, Inc., Aon Risk Services Northeast, Inc., Aon Risk Services Southwest, Inc., and Aon Risk Services, Inc. of Florida and their licensed affiliates.