A US Appeals Court Reinstates Lawsuit Against Pfizer’s Diversity Fellowship Program
A US appeals court has revived a lawsuit filed by a conservative group, Do No Harm, against Pfizer’s diversity fellowship program. The program, designed to increase the pipeline of Black, Latino, and Native American leaders in the company, was challenged by Do No Harm, which alleged it discriminated against white and Asian-American applicants.
The 2nd US Circuit Court of Appeals initially held that Do No Harm lacked legal standing to challenge the program, finding that it did not identify members who were personally affected by the alleged discrimination. However, a 2-1 panel reevaluated the decision and concluded that a trial court judge had applied too strict a standard in assessing Do No Harm’s standing.
Do No Harm’s chair, Stanley Goldfarb, welcomed the court’s decision, stating that it recognized the group’s right to protect its members in court. Meanwhile, Pfizer maintained that Do No Harm’s claims were without merit and that it was proud of its commitment to diversity, equity, and inclusion.
The lawsuit was filed in 2022, a month before the US Supreme Court declared lawful race-conscious college admissions policies used by Harvard University and the University of North Carolina. The decision has led to challenges against diversity programs at companies, prompting some to alter their policies. Companies like Walmart and McDonald’s have faced pressure from conservative activists to abandon diversity practices.
The revised lawsuit alleges that the program’s criteria, which has since been changed to allow anyone to apply, discriminates against white or Asian-American applicants and violates federal anti-discrimination laws. Do No Harm’s challenge has revived concerns about the limits of court standing and the potential for harassment and retaliation against individuals who speak out against diversity initiatives.
