On Friday, Jan. 10, a federal appeals court revived a conservative group’s lawsuit against Pfizer. The lawsuit targets a fellowship program at the pharmaceutical giant meant to boost the number of Black, Latino and Native American leaders in the company.
The 2nd Circuit Court of Appeals revisited its decision from last year and ruled that the advocacy group Do No Harm had standing to sue Pfizer over the program. The group alleges Pfizer’s program discriminates against white and Asian-American applicants.
The ruling may make it easier for groups to challenge race-based programs at a time when many conservatives are calling on companies to end hiring and policies rooted in diversity, equity and inclusion, or DEI.
In 2023, the Supreme Court blocked colleges from using race-conscious affirmative action when considering candidates for admission.
Since then, there has been a ripple effect of new laws, lawsuits and company policy changes curbing programs promoting DEI.
Companies like Tractor Supply Co., John Deere, Harley-Davidson, and Brown-Foreman, the parent company of whiskey maker Jack Daniel’s, have closed down their DEI programs.
And 10 states now have laws restricting or banning DEI programs, with most focusing on public institutions like colleges and universities. All 10 enacted the laws after the Supreme Court’s decision.
While the lawsuit against Pfizer can now proceed, the company has already changed its policies around the program that prompted the lawsuit. Pfizer updated the criteria to allow anyone, regardless of race, to apply.