Below is a review of the posts on Facebook and LinkedIn from the past week. You can check out the full posts by clicking on the links.
NOTE: remember that we now post every other day.
The posts on Sunday 12/28/2025, here and here, alerted that EEOC Chair Lucas urges white men to report discrimination. Solicitation of charges of discrimination …
The head of the US agency that is charged with enforcing workplace civil rights posted a social media call-out (linked and cited in the post) urging white men to come forward if they have experienced race or sex discrimination at work. The post by Lucas, a vocal critic of diversity, equity and inclusion, urged eligible workers to reach out to the EEOC “as soon as possible” and referred users to the agency’s fact sheet referenced in the post for more information.
Coincidentally (wink wink) Lucas’ post was shared about two hours after Vice President JD Vance posted an article (also linked in the post) which he said “describes the evil of DEI and its consequences.” Lucas’s response to Vance’s post is also linked in the post (and concluded by saying that the EEOC “won’t rest until this discrimination is eliminated.”
A representative for Vance did not respond to a request for comment. Lucas was not shy about responding to her solicitation of charges – see the post.
Since being elevated to EEOC acting chair at the start of the current administration, Lucas has been shifting the agency’s focus to align it with the President’s anti-DEI executive orders (linked in the post if you can’t remember what they said).
Earlier this year, the EEOC along with the Department of Justice issued two “technical assistance” documents attempting to clarify what might constitute “DEI-related Discrimination at Work” and providing guidance on how workers can file complaints over such concerns. See our posts of Thurs. 4/3/2025, Wed. 4/16/2025, Thurs. 4/17/2025, Sun. 4/27/2025 and Sat. 5/3/2025. Those documents have been criticized by former EEOC commissioners (see our post of Wed. 4/16/2025) as misleading.
The executive director of the Meltzer Center for Diversity, Inclusion, and Belonging at the NYU School of Law said Lucas’s latest social media posts demonstrate a “fundamental misunderstanding of what DEI is.” More of his explanation is in the post. The Meltzer Center tracks lawsuits that are likely to affect workplace DEI practices, including 57 cases of workplace discrimination. What he said about systematic evidence that white men are being discriminated against is also in the post.
Jenny Yang, a former EEOC chair, said it is “unusual” and “problematic” for the head of the agency to single out a particular demographic group for civil rights enforcement. Her explanation is in the post. Yang noted that on the other hand, the EEOC has done the opposite for transgender workers – whose discrimination complaints have been deprioritized or dropped completely. She acknowledged that the EEOC has limited resources and must prioritize which cases to pursue. But how she characterized the EEOC’s current procedure under Lucas as compared to its statutory mission is in the post.
TAKEAWAY: the EEOC’s mission is set forth in federal law, but the administration has directed that the EEOC (and other agencies) bend to its will relative to what should and should not be enforced. That, in turn, has shifted the enforcement onus back to the plaintiffs (and often to state courts).
The posts on Tuesday 12/30/2025, here and here, were about a man accused of interfering with condo board election. You must watch the embedded VID!
A man who was arrested after allegedly ripping up ballots during a condominium board election (in FL) says he believed the vote was illegal and was trying to do the right thing. Jacob Gold, 52, spoke with a local tv station a day after his arrest.
Video from the Dec. 10 meeting is embedded in the post). Jail records show Gold was arrested and booked on a misdemeanor charge of interfering with an election. Gold’s statement is in the post.
Gold, who did not expect to spend a night in jail, said the election did not comply with the building’s bylaws. The specifics of the alleged non-compliance are in the post.
Gold also claimed the condo board president had canceled the election and that notices about the meeting were later removed. According to an arrest report, witnesses told police that Gold is a friend of the current board president who residents feared would be voted out during the election.
Residents of the condo building said tensions with the condo board have been ongoing for years. How that played out for some at the recent election is in the post.
Gold defended his actions, saying he believed the board election process was being manipulated. Gold is scheduled to face a judge on the charge.
Meanwhile, what about the condo election? See the post.
TAKEAWAY: every reader has probably encountered someone unhappy with some part of an election in a homeowners’ or condominium association, but this might have take things to a different level. Contact a community association lawyer with questions/issues about your association.
The posts on Thursday 1/1/2026, here and here, were a Happy New Year 2026 wish. We suggested you start off the year on the legal right foot, whether with your HOA/homeowners’ or condominium association, your employment, or even putting in place (or updating) your estate planning documents.
TAKEAWAY: Get your legal affairs in order from the get-go, no matter to what legal area they pertain.
The posts on Saturday 1/3/2026, here and here, noted an Ex-Amazon driver sues EEOC over abandonment of disparate-impact liability. Harken back to what we said in our post of Sunday 12/28/2025 …
On November 26 a federal judge dismissed the lawsuit against the EEOC, holding that the former Amazon delivery driver lacked standing to sue. Let’s look at the suit more closely.
The ex-Amazon driver alleged in the suit filed Oct. 20 that the EEOC’s policy to administratively close investigations of disparate impact charges pursuant to a presidential executive order is unlawful and should be enjoined.
Cross worked as a delivery driver for Amazon and had filed a charge of discrimination alleging that Amazon’s policy of denying bathroom breaks to delivery drivers had a disparate impact based on sex. The EEOC began to investigate, but “abruptly ended” its investigation and closed the charge on Sept. 29, mere days after it adopted a policy to close all such investigations under Title VII as well as the Age Discrimination in Employment Act. The relief requested by Cross in the suit is described in the post.
Trump’s second administration has driven a sea change in the EEOC’s (lack of) enforcement of EEO statutes — and both employees and their advocates have begun contesting that change in court.
The president’s April executive order (discussed in our posts of Thurs. 4/3/2025, Wed. 4/16/2025, Thurs. 4/17/2025, Sun. 4/27/2025 and Sat. 5/3/2025) directed EEOC Acting Chair Lucas and Attorney General Pam Bondi to assess all pending investigations, civil suits or positions taken in ongoing civil rights matters that involved disparate-impact liability theory and “take appropriate action” consistent with the order. How the order characterized called disparate-impact theory relative to statute and the U.S. Constitution is in the post. See Lucas’s view of the executive order and EEOC’s charge as well as criticism by both current and former EEOC officials in our post of Sunday 12/28/2025.
A now-former EEOC administrative judge whom Trump dismissed said that the executive order was “highly illegal” and noted that disparate-impact liability appeared in most of the discrimination cases litigated by the EEOC. A description of disparate impact discrimination is in the post (along with how it differs from disparate-treatment discrimination).
The U.S. Supreme Court first applied disparate-impact theory in interpreting Title VII in its 1971 Griggs v. Duke Power Co. decision. Thereafter Congress amended Title VII (in 1991) to codify the theory. Yes, the disparate impact prohibition is statutory.
EEOC’s shifting enforcement of disparate impact comes at the same time as its decision to pull back from litigation on behalf of transgender plaintiffs alleging discrimination under Title VII (which followed another executive order). That action too faces at least one lawsuit – see the post. The EEOC responded on October 20 in that case; what it alleged (along with a link to its response) is in the post.
TAKEAWAY: Let’s end the week in the same way as it began, by noting that the EEOC’s mission is set forth in federal law, but the administration has directed that the EEOC (and other agencies) bend to its will relative to what should and should not be enforced. That, in turn, has shifted the enforcement onus back to the plaintiffs (and often to state courts).