Equity-based workplace strategies are on the chopping block. Companies that don’t adhere to President Trump’s “strict neutrality” mandate may find themselves in serious legal trouble.
That is precisely the situation Coca-Cola Beverages Northeast, Inc. is facing now. The New Hampshire Coca-Cola bottler and distributor was hit with a federal lawsuit by the EEOC on Feb. 17, 2026, for sex discrimination.
The issue began when a male employee at the Londonderry production center heard about a “Women’s Forum” taking place at the Mohegan Sun Casino. Around 250 female employees were invited to the two-day forum, which included high-level speakers, including Jennifer Mann, the president of Coca-Cola North America, and other top-tier corporate executives.
The man filed a complaint with the EEOC in late 2024, arguing that the women were being given professional advantages denied to him based on his sex. While the company saw the event as an empowerment initiative uplifting female employees, male employees felt differently. The women were offered travel, lodging and two days away from their posts without losing pay or PTO. Most importantly, they were given exclusive access to “career-altering networks.”
See also: From Nike to Coca-Cola: EEOC puts Fortune 500 on notice over DEI
Throughout 2025, the EEOC and Coca-Cola Beverages Northeast, Inc. have been engaged in legal proceedings, but the production company has refused to admit fault or change its policies. This has led to the EEOC’s federal filing.
The verdict in the Coca-Cola case will be a litigation-defining moment. At its core, the case challenges whether you can “empower” one group without also excluding everyone else. A supportive, inclusive culture can still be fostered. However, the delivery of that support must change if HR departments want to avoid legal trouble.
To stay ahead of the curve, keep these tips for adhering to “strict neutrality” in mind:
No more gender-gating
The era of “Women in Leadership” events or minority-based summits has come to an end. But here is what you can do instead: Host a “Leadership Development Summit” that features female speakers and addresses challenges women might face in the workplace. The key difference is this: Everyone must be invited. The door can’t be locked based on gender.
No more private invites
The EEOC is particularly targeting unlisted or private employer-hosted events. Moving forward, HR departments must ensure that all workshops, retreats and networking events are added to the company calendar or website.
Err on the side of transparency at all times. In the eyes of the EEOC, a “private invite” is a smoking gun; publicizing the experience on company channels is your first line of defense.
Rebrand employee resource groups
In 2026, the time for identity-based programming like “Women in Logistics” or “Minority Mentorship” has passed. Instead, HR execs need to move toward mission-based titles like “The Strategic Leadership Collective.” It can offer the same networking and resources, but by rebranding around professional outcomes rather than protected characteristics, you can avoid potential liabilities.
Make networking opportunities equitable
When female employees of Coca-Cola were given the opportunity to rub elbows with the president of Coca-Cola at the Mohegan Sun, this created unequal access to leadership. If your C-suite is only meeting with specific demographic groups, you are denying certain employees the same opportunities for growth and promotion. Instead, consider making networking inclusive for all, or offer invites based on tenure or performance.
Consider tangible employee benefits
At the heart of the EEOC’s case against Coca-Cola is the fact that female employees enjoyed two days at the Mohegan Sun, while male employees were still clocking in to their usual roles. Anytime a company covers travel, lodging or wages for an event, that event ceases to be a “voluntary social” and becomes a tangible employment benefit.
Under the 2026 “strict neutrality” standard, if a male employee is required to remain at his post while a female colleague is paid to attend a professional retreat, the organization has effectively created a wage gap based on a protected characteristic. By centering its arguments on “tangible benefits”—paid wages, luxury lodging and exclusive executive access—the EEOC has effectively moved the DEI debate from the HR lounge to the CFO’s office.
With the “go woke, go broke” sentiment now reflected in federal policy, employees are more empowered and discerning than ever. HR should expect a workforce that is laser-focused on potential slip-ups, ready to challenge any program that feels more like demographic favoritism than merit-based development.
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