Nike and Coca-Cola cases point to the next DEI fight: who gets to claim discrimination

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A federal agency’s recent lawsuit against a Coca-Cola bottler and an EEOC investigation into Nike are heightening anxiety among HR leaders over what comes next for workplace discrimination claims. But lawyer Vanessa Matsis-McCready, associate general counsel and vice president of HR at workforce consulting company Engage PEO, says companies that want their DEI efforts to endure should focus on one thing above all: grounding them in a solid business case.

Companies with long-standing diversity programs, she says, have tended to see stronger profitability and productivity. “If you can tie it to a true business reason, then I think, often, it’s going to survive,” Matsis-McCready said.

That advice lands at a moment when the EEOC is showing greater readiness to investigate claims of so-called reverse discrimination, or allegations brought by members of majority groups, she said.

The shift is already rippling through corporate America. 

In a new survey from labor and employment law firm Littler, 71% of companies said DEI policy changes over the past year affected their businesses—more than twice the amount citing any other workplace policy or regulatory change.

Matsis-McCready likens this moment to the MeToo movement, which created awareness around sexual harassment and abuse of women in the workplace—and led to more women filing claims. “It’s similar to what we saw a few years ago where people might have been hesitant to come forward, and the national discourse changed that comfort level,” she said.

In December, EEOC Chair Andrea Lucas posted a video on social media encouraging white men who had experienced discrimination based on sex or gender to report it.

To better protect against future claims, Matsis-McCready advises HR leaders to take a critical look at company cultures and how employee concerns are handled. The way companies respond when employees raise concerns, and whether workers feel heard during difficult conversations about discrimination, often determines whether an issue is resolved internally or escalates into an EEOC complaint.

It also means tightening the hiring process. HR leaders should carefully document interviews, role qualifications, and the rationale behind each hire, so they are prepared to defend them if challenged.

“Look at who’s the best person for this role. Who has the ability to execute the company’s goals, and who’s qualified to do it?” Matsis-McCready says. “Anti-DEI shouldn’t mean that a less qualified person is getting that role. And DEI does not mean that a less qualified person is getting that role.”

Kristin Stoller
Editorial Director, Fortune Live Media
kristin.stoller@fortune.com

This story was originally featured on Fortune.com