Story by Jessica Guynn, USA TODAY
After his firing, Novant Health promoted two of Duvall’s deputies, a White woman and a Black woman, to take over his duties while it conducted a search for his successor. A Black woman was appointed to permanently replace him.
Duvall sued in federal court in November 2019, alleging he was let go because of a push to diversify the leadership ranks.
At trial two years later, Duvall presented evidence he received strong performance reviews and gained national recognition for the marketing program he developed for Novant Health. His manager testified he had seven White men as direct reports at the start of 2018 but none by the time of the trial.
His former employer said Duvall was terminated for performance issues, including walking off stage while giving a public presentation. Novant Health said he was given a job coach and more public speaking opportunities but Duvall delegated those.
The jury sided with Duvall. A federal appeals court later upheld the $4.8 million award in 2024.
Duvall’s was a bellwether case that put the spotlight on high-profile lawsuits in which White men accuse their employers of racial bias, claiming they were dismissed or denied opportunities so companies could make room for more women and people of color through diversity, equity and inclusion programs.
Legal experts say the ruling was an early shot across the bow for diversity initiatives that are exclusive rather than inclusive.
Even though men – and White men in particular – dominate corporate America, these cases have ramped up as anti-DEI activists and the Trump administration target corporate diversity efforts.
While statistically rare, research shows that White men still file discrimination claims, just at a lower rate than other groups.
White workers make up about two-thirds of the U.S. workforce but only account for about 10% of all race discrimination claims, according to data USA TODAY obtained in 2023 from the Equal Employment Opportunity Commission. A study from the Center for Employment Equity at the University of Massachusetts found that White men filed about 9% of race discrimination claims from 2012 to 2016.Trump targets White discrimination
The view that “unlawful” and “woke” DEI policis have harmed White Americans – and White men in eparticular – was central to President Donald Trump’s presidential campaign and now his second term in office.
The Trump administration has urged White men to come forward with bias complaints, upending decades of civil rights policy that once prioritized the rights of women and people of color.
The EEOC had made this DEI enforcement a top priority. The agency charged with fighting workplace discrimination is investigating Nike’s diversity policies for allegedly discriminating against White employees and it sued a Coca-Cola Co. distributor for allegedly discriminating against male employees by organizing a women-only retreat.
Signaling that the commission is poised to pursue more enforcement actions, EEOC chair Andrea Lucas warned Fortune 500 leaders that the Trump administration will not tolerate "discrimination against certain races or groups."
"All citizens are entitled to equal treatment under law and therefore should have equality of opportunity in every sector of our society, including the workplace," she wrote in a letter in February.
Reverse discrimination’ claims increase
Even before Trump took office, “reverse discrimination” lawsuits were on the upswing. Now lawyers predict the Trump administration’s enforcement efforts will spur even more bias complaints from White men.
In June, the Supreme Court made those lawsuits easier to bring, unanimously ruling that antidiscrimination laws apply equally to everyone regardless of race or gender.
"Discrimination is unlawful whether the victim is Black, White, male or female," Nick Barry, senior counsel at the advocacy group America First Legal, told USA TODAY. "Many have hesitated to come forward because they feared retaliation or backlash. But the tide is finally turning and momentum is building around the simple principle that merit, not race or sex, must govern workplace decisions."
Steven Miller, a senior portfolio manager, recently sued Bausch + Lomb and his billionaire employer Carl Icahn, alleging he was denied a board seat because he is White.
According to the complaint filed in December in a Miami federal court, Bausch + Lomb required one of the two board directors nominated by Icahn Capital to be “diverse,” meaning non-White.
Bausch + Lomb and Icahn Enterprises did not respond to a request for comment.
“Undoubtedly, employers will soon experience the impact of this messaging,” Charles Plumb, a lawyer with the McAfee & Taft law firm in Oklahoma, said. “We should anticipate an uptick in reverse employment discrimination investigations by federal agencies and lawsuits brought against employers.”
Bias claims face tough hurdles, long odds
Like those brought by women and people of color, these discrimination lawsuits face tough hurdles and long odds, but some White workers have had success in court.
A New Jersey jury awarded $1.3 million to two White educators who alleged they were passed over for vice principal posts at Newark high schools for younger and less experienced candidates of color. Starbucks was ordered to pay $25 million to Shannon Phillips, a regional director who claimed she was fired for being White.
“Sadly, it is with the slimmest of odds that employees get their day in court, let alone prevail,” Duvall told USA TODAY in an email in 2024.
“I hope my nearly six-year journey is helpful to others who lose their livelihood unfairly,” he wrote.
His lawyer, Luke Largess, said Duvall didn’t set out to become the face of the anti-DEI movement. He supported Novant Health’s diversity efforts during his tenure there, Largess said.
Novant Health told USA TODAY in a statement that ensuring equal employment opportunities "is a foundational aspect of Novant Health’s culture and we continue to vehemently disagree with the finding of liability."
For Duvall, standing up for himself in court came at a steep price. He told USA TODAY the litigation caused “immeasurable damage to my employment, my professional reputation and my career.”
After Novant, Duvall landed a job that paid more and included a signing bonus. He was fired not long after he filed his discrimination lawsuit in November 2019.
Even so, headhunters contacted him with interest from four employers. His phone stopped ringing when Duvall informed them about the lawsuit.
Today, the high-powered marketing executive works as a consultant.
This article originally appeared on USA TODAY: Trump wants White men to sue for race discrimination. This man did
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