Despite backlash on DEI, discrimination laws still exist

In his second appearance on “The Joe Rogan Experience podcast,” Meta CEO Mark Zuckerberg criticized the rise of “culturally neutered” companies, claiming that corporate America has been feminized. Zuckerberg argued that while society certainly has its share of “masculine energy,” corporate culture is increasingly distancing itself from it — and it needs more of it.

Zuckerberg’s masculinity claim seems to overlook the reality that corporate America has historically been, and continues to be, largely dominated by men. This is reflected in the leadership structure of Meta itself. The company’s board of directors has just three women out of 13 members, and its management leadership team includes only two women out of seven. According to independent tech journalist Casey Newton, two out of every three employees at Meta are men.

Meta’s decision to end its diversity, equity and inclusion or DEI initiatives follows a growing trend among companies making similar moves. Many organizations, such as McDonald’s and Amazon, are reevaluating their diversity efforts, largely due to “anti-woke” political backlash and heated social climates. Some argue these changes are a response to pressure from conservative groups, but many of the companies, like Meta, argue that it is a movement toward prioritizing business performance and operational efficiency over social issues. Regardless of the rationale, cutting DEI initiatives will likely have long-term effects on workplace culture.

If this weren’t enough, Zuckerberg just added Dana White, the president of the UFC and a longstanding ally of Donald Trump, to Meta’s board. White — who has been filmed slapping his wife — is known for his bold and sometimes provocative personality, exemplifying “masculine energy” at its fullest: aggressive, confrontational and unapologetically assertive. His appointment represents the type of leadership Meta seems to now endorse.

Certainly, DEI initiatives are not without their flaws. They can be overly performative, they can fail to adequately address systemic inequalities, or they can go overboard in a focus on political correctness in a business climate. But when executed thoughtfully, they can drive innovation and open doors for historically marginalized groups. The criticism of DEI initiatives by far-right groups, labeling them as a dangerous “woke agenda,” often overlooks the deep-rooted and ongoing injustices that persist in our country. Instead, the notion of “reverse racism” has been allowed to take hold.

Regardless of what Meta or companies like it choose to do under the Donald Trump administration, discrimination laws still exist to safeguard protected classes, given the history of these people being locked out of employment and income opportunities. Discrimination claims, which range from gender and race to pregnancy and age, can still be brought against companies, regardless of how many tampons they remove from the men’s restrooms.

Companies may see litigation or employee turnover as simply the cost of doing business. But Meta recently fired employees for using $25 meal credits to buy household items. Discrimination lawsuits settle for far more than a $25 purchase of toothpaste and tea at the local Rite Aid. In November, for example, Disney settled a $43.3 million lawsuit alleging it paid men more than women. In June, Snapchat paid $15 million to settle a lawsuit alleging that the company failed to prevent workplace sexual harassment and retaliated against women who spoke up about it. Outside of tech, a sanitation firm in Georgia paid $3.1 million to settle an Equal Employment Opportunity Commission claim that female truck drivers were being discriminated against.

Beyond discrimination claims, the promotion of aggression at work is a slippery slope to hostility, bullying or worse — and bullying is a huge drain on the workforce. A 2023 study from Setyan Law found that 20 percent of Americans now report experiencing workplace bullying, a rise from 14 percent in 2022. Even more concerning, 64 percent of employees who face bullying are likely to quit their jobs. The study also shows a substantial portion of workplace bullies are supervisors, most of whom act alone. Despite the widespread impact of harassment, only 1 percent of employees report addressing the issue.

With many employees choosing to resign rather than speak up, this is a drain on human resources teams, and it hemorrhages talent.

Employment lawyers may find themselves increasingly busy over the next four years, if they weren’t already. Looking ahead, people should document instances of discrimination masked as “masculinity,” should they have a case and want to leave their workplace with a financial parachute. Discrimination laws still offer some form of protection despite a growing oligarchy, and we should remember to leverage them.

Ariella Steinhorn is a writer focused on relationship and power dynamics, and the founder of Superposition and Nonlinear Love. Justin Rechter, a former recruiting manager at Meta, contributed to the writing of this piece.

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Despite backlash on DEI, discrimination laws still exist

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