Indianapolis, IN
As legal challenges mount, some companies retool diversity, inclusion programs – Indianapolis Business Journal
Advocates of diversity efforts are steeling themselves for a fight this year as a growing number of lawsuits take aim at programs intended to advance racial equity in the corporate world.
Lawsuits making their way through the courts have targeted prominent companies and a wide array of diversity initiatives, including fellowships, hiring goals, anti-bias training and contract programs for minority or women-owned businesses. Most have been filed by conservative activists who have been encouraged by the Supreme Court’s June ruling ending affirmative action in college admissions and are seeking to set a similar precedent in the workplace.
The battle has been a roller coaster of setbacks and victories for both sides, but some companies are already retooling their diversity programs in the face of legal challenges, and the expectation that the conservative-dominated Supreme Court will eventually take up the issue.
“There’s a dragnet that I think we should all be concerned about,” said Alphonso David, President & CEO of the Global Black Economic Forum and a legal counsel for the Fearless Fund, an Atlanta-based non-profit that is facing a lawsuit over a grant program for businesses owned by Black women.
“It’s all coordinated to reverse existing law and advance a chilling effect throughout many industries,” David said.
One conservative activist, Christopher Rufo, claimed a victory this month with the resignation of Harvard’s first Black woman president, Claudine Gay, after allegations of plagiarism and a furor over her congressional testimony about antisemitism.
Rufo, who has cast Gay’s appointment to the job as the culmination of misguided diversity and inclusion efforts, vowed on the social media platform X, formerly known as Twitter, not to “stop until we have abolished DEI ideology from every institution in America.”
Civil Rights advocates are fighting back. On Monday, the National Action Network, led by the Rev. Al Sharpton, plans to announce a national drive to defend diversity programs at an annual Martin Luther King Jr. Day breakfast in Washington.
Sharpton and other prominent civil rights activist have rallied around the Fearless Fund as it fights a lawsuit brought by the American Alliance for Equal Rights, a group founded by anti-affirmative action activist Edward Blum, the man behind the college admissions cases the Supreme Court ruled on in June. The lawsuit alleges that one of the Fearless Fund’s grant contests discriminates against non-Black women and asks the courts to imagine a similar program designed only for white applicants.
In late September, a federal judge in Atlanta refused to block the contest, saying the grants are donations protected by the First Amendment and the lawsuit was likely to fail. But days later, a three-judge federal appeals panel suspended the contest, calling it “racially exclusionary” and saying the suit was likely to succeed.
Oral arguments in the case are scheduled for Jan. 31. The outcome of the case could be a bellwether for similar diversity programs.
Advocates say the legal backlash comes at a time when investment in diversity programs are slowing following a surge in 2020 in the wake of racial protests over the police killing of George Floyd. Job openings for diversity officers and similar positions have declined in recent months. The combined share of venture capital funding for businesses owned by Black and Latina women has dipped back to less than 1% after briefly surpassing that threshold—at 1.05%—in 2021 following a jump in 2020, according to the nonprofit advocacy group digitalundivided.
Faced with a messy legal landscape, companies are being cautious. Most major companies have so far stuck by diversity initiatives, which many ramped up in the face of pressure from some shareholders, employees and customers. Starbucks and Disney are among companies that have so far prevailed in court against challenges to their Diversity Equity and Inclusion policies.
But some have made changes to diversity programs to try to protect them from legal scrutiny.
Among those are two prominent law firms that had faced lawsuits by Blum’s group. The firms, Morrison Foerster and Perkins Coie, opened their diversity fellowship programs to all applicants of all races in October, changes the companies said were in the works before Blum’s lawsuits, which he subsequently dropped.
In May, Comcast said business owners of all backgrounds would be eligible to apply for a grant program originally intended for women and people of color when it launched in 2020. The telecommunications settled a lawsuit last year over the program brought by the conservative Wisconsin Institute for Law & Liberty on behalf of the white owner of a commercial cleaning business.
The Wisconsin Institute filed another lawsuit in October, this one on behalf of two construction firms. The lawsuit seeks to dismantle the U.S. Department of Transportation’s Disadvantaged Business Enterprise program, which dates back to the Reagan administration and requires that 10% of funds authorized for highway and transit federal assistance programs be expended with small business owned by women, minorities or other socially and economically disadvantaged people.
Dan Lennington, an attorney with the Wisconsin Institute, said he considers Comcast’s changes “progress,” but the anti-affirmative action movement is looking for a broader victory that could change case law on workplace diversity programs.
The Supreme Court’s ruling on affirmative action “opened up a whole new world,” Lennington said. “This decision just really injected new life into the whole debate.”
Many of the lawsuits challenging diversity programs, including the case against the Fearless Fund, are relying on a section of the Civil Rights Act of 1866, which prohibits racial discrimination in contract agreements. The law was originally intended to protect formerly enslaved people, but conservative activists are citing it to challenge programs designed to benefit racial minorities.
Some conservative officials and activists are also alleging that companies crossed a line by announcing goals for increasing Black and other minority representation. Companies say such goals are not quotas but aspirational targets designed to measure the effectiveness of policies like widening candidate pools and rooting out bias in hiring.
Misty Gaither, vice president for Diversity, Equity, Inclusion and Belonging at Indeed, said the online jobsite is sticking with its goal of increasing the representation of underrepresented racial and ethnic minorities in its U.S. workforce to 30% by 2030.
“We are doubling down on our efforts because we believe it’s the right thing to do,” Gaither said.
Conservative activists have seized on the goals to argue that hiring managers are being pressured to make race-based decisions in violation of Title VII of the 1964 Civil Rights Act, which prohibits taking race into account in hiring decisions.
America First Legal, a group run by former Trump adviser Stephen Miller, sent a letter in November to the federal Equal Employment Opportunity Commission seeking an investigation into Macy’s DEI policies, including its goal of achieving 30% ethnic diversity among its leadership at the director level and above by 2025, in part to better serve its customer base, which is about 50% non-white. The retailer launched a leadership training program for selected managers of color, and last year required that candidates for director roles include ethnically diverse applicants. It also has incorporated its DEI goals into annual performance reviews for directors and company-wide incentive calculation.
America First Legal cited those initiatives to argue that Macy’s “has set explicit racial and other quotas for hiring.” The group has sent dozens of similar letters to the EEOC targeting companies from IBM to American Airlines.
Macy’s declined to comment on the letter. But in a previous interview with The Associated Press, outgoing Macy’s CEO Jeff Gennette said the company is sticking with its DEI policies while closely watching legal developments.
“Our enthusiasm and our commitment to all the prongs that we had with DEI, and our strategy, remains. We might express it differently based on court rulings and in the future,” Gennette said, without providing details.
Indianapolis, IN
Indy DPW drivers prepping for the ‘snow fight’ with 12-hour shifts
INDIANAPOLIS — Salt and plow truck drivers work tirelessly through winter to keep the roads clear. Have you ever wondered how they prepare for their shift?
Indianapolis Department of Public Works is currently running twelve-hour rotating shifts. This is to keep up with multiple rounds of ice, snow, and cold temperatures.
WRTV went to the 11 a.m. shift change at one of the DPW’s buildings on Thursday.
WRTV
As B-shift employees exited the building, groups of A-shifters filtered in and waited for their group briefing.
“A shift, good morning, good morning!” greeted William Walker, superintendent of District 3.
Walker was speaking to the group of incoming A-shift employees. They gathered in a large circle around Walker. Some stood; others found benches or couches to lounge on through the meeting.
Walker described the forecast and potential impacts on all the workers.
“The game plan today is the weather advisory is in effect,” Walker said. “Snow expected late tonight, continuing into Friday morning. There’s a potential for sticking on untreated pavement.”
WRTV
Walker went on to take roll call and give drivers their assignments for the day.
“You’re going to get your trucks, check them out, make sure they’re fueled up, have salt in them,” Walker spoke to the group of drivers. “Ready to go when we deploy at three o’clock today.”
After the meeting, drivers went outside to the row of waiting salt and plow trucks. Some performed maintenance, others were doing walk-arounds to ensure all their equipment was working properly.
WRTV
Today’s challenge was the shifting weather: from treating for freezing drizzle in the morning to focusing on what they call the ‘snow fight’ in the evening.
Dewayne Clemmons, Chief Union Steward, shared what happens once the drivers are deployed.
“It depends on the inclement weather that we get,” Clemmons said. “We approach it differently.”
“There’s times that we’ve gotten so much snow that we just pause the salting, and just go strictly into a plowing operation, because at that point, all we’re doing is just wasting salt,” Clemmons continued.
WRTV
Adam Pinsker, spokesperson for DPW, shared more of the process.
“When the snow comes, they’ll be out plowing.,” Pinsker said of the crews. “That’ll start as soon as the first bit of snow comes down. It can be tricky because some parts of the city, like the last snow event we had, certain parts of the city got three or four inches, and other parts got less than two inches. So it does vary by where you are in Indianapolis.”
Decisions to pause salting and move to plowing come from the Operations team. This is communicated to the different districts and ultimately communicated to each driver.
Even though the group of drivers has a plan when leaving the briefing at the start of the shift, the plan often shifts as the forecast unfolds.
In Thursday night’s instance, A-shifters will continue plowing roads until 11 p.m., when B-shift returns for their next 12-hour shift.
The work doesn’t stop once the snow has been plowed.
“Then we go back to salting, to start breaking it up, and try to get it down to bare pavement,” continued Dewayne Clemmons.
From December 1 through April 1, drivers are not allowed to take scheduled vacations. This is in addition to working the rotating 12-hour shifts when the weather demands it.
WRTV
It’s a lot of work, but there is a support team for the drivers. There were countless other workers on-site at the changing of shifts.
“We also have Indianapolis Fleet Services. They’re there to make sure that these vehicles are maintenanced if there’s a problem,” Pinsker told WRTV. “We have laborers who work back here at the salt barns and in the facilities. We have supervisors who are out here, so it takes an entire team to support our drivers and make sure they have what they need to succeed in this snow fight.”
During the A-shift prep meeting, Clemmons encouraged the group.
“It looks like we may be in this until Sunday,” Clemmons said. “It don’t look like it’s going to be as long as our last snow fight. We do appreciate you guys coming in. We’re spending more time with each other than we’re spending with our own families. So again, it doesn’t go unnoticed.”
WRTV
What can everyday drivers do to help these hardworking DPW drivers during their next snow fight?
“When these trucks are out on the roads, just give them their space, because they’re trying to make the roads safe for the city of Indianapolis,” Clemmons concluded.
Indianapolis, IN
Indy mom preps her 3 kids for Christmas in a hotel
There used to be a holiday tradition in Precious Sarver’s home. Two Christmas trees. One for her, one for the kids.
This year, there’s only one tree.
It cost $5 at the dollar store. And it’s sitting on a table in the family’s eastside hotel room, where they’ve been living for more than a month.
“I do everything right,” Sarver said through tears, “and I end up here.”
Sarver, 46, said she and her three children had no choice after a landlord forced them out in hopes of charging more in rent to the next tenant.
Sarver spent some time looking for another place to live, but even the search is expensive. She estimated spending a couple hundred dollars just on application fees. The housing search became even more difficult after the death of her mother.
Now, Sarver is paying $343 each week for the hotel room. There are two full beds, an air mattress, TV, fridge and microwave.
“Look where I’m at,” she said. “I never would’ve thought in a million years that I’d be homeless.”
Sarver has already told her kids that Christmas will have to wait this year. That was after not being able to make them a Thanksgiving meal.
But the tree wasn’t optional. It’s an all-white miniature version, sharing table space with boxes of cereal and paper plates. The family loves the holiday season. Her oldest son counts down the days until B105.7 FM starts playing Christmas music.
“We do the Christmas thing,” Sarver said.
The only thing missing from the tree is ornaments. Those are sitting in one of the two storage units that Sarver is paying $180 for each month.
‘I can’t be the only one’
Sarver said she’s not the only one struggling at the hotel. There’s a mother with five or six kids, and another woman who just gave birth.
“I can’t be the only one,” she said. “I gotta imagine older people going through this is insane.”
They’re part of what homelessness advocates sometimes call the “hidden homeless.” They live out of their cars or double up with friends and family. Or, in Sarver’s case, they end up in an extended-stay hotel.

“Most of the people that clean this place live here with their kids,” she said.
Even outside of the hotel, Sarver can see the extent of the homelessness crisis in Indianapolis. There’s a woman who sits in the cold with a blanket, Sarver said, and no socks.
“So I stopped and gave her a McChicken,” she said. “I don’t have anything else.”
‘I know God’s got a plan’
Sarver said she takes pride in doing the right thing: paying bills on time, helping others, volunteering at a local school.
Things only got worse for Sarver’s family when she accidentally dropped $520 in the hotel hallway.
Security footage shows a man picking it up and walking away.
“That was my phone bill, food money, gas,” she said.

That money also could have helped Sarver cover a security deposit, which she said is one of the biggest obstacles between her family and a home. Plus, Sarver has a nerve condition in both legs that requires her to use a cane, so finding a home isn’t only about money. She also needs something accessible.
Sarver collects about $1,900 a month in disability payments between her and her youngest son, who has special needs. And she gets help paying rent through the Indianapolis Housing Agency’s Section 8 program.
But the program doesn’t help with a security deposit.
For that, Sarver said she’d need to come up with about $1,700.
It’s hard to see where that money will come from.
“But I know God’s got a plan,” she said. “It’s gotta be something else for us.”
Mirror Indy, a nonprofit newsroom, is funded through grants and donations from individuals, foundations and organizations.
Mirror Indy reporter Tyler Fenwick covers housing and labor. Contact him at 317-766-1406 or tyler.fenwick@mirrorindy.org. Follow him on X @ty_fenwick and Bluesky @tyfenwick.bsky.social.
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Indianapolis, IN
Philip Rivers’ return to the NFL, by the numbers
Indianapolis Colts quarterback Philip Rivers throws against the Las Vegas Raiders during a game at Allegiant Stadium on Dec. 13, 2020 in Las Vegas. Rivers, now 44 years old, has signed a practice contract with the Colts in hopes of returning to the NFL for the first time since 2021.
Ethan Miller/Getty Images
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Ethan Miller/Getty Images
In July, former quarterback Philip Rivers was asked if he could still play an NFL game, during an appearance on The Dan Patrick Show.
“Oh yeah. I’m a little heavier than I was, but I could get through a game,” Rivers replied, adding with a laugh. “Now, I may need a wheelchair the next morning.”
YouTube
But now the sports world is absorbing the news that Rivers, a grandfather at age 44, has signed a practice contract with the Indianapolis Colts. The team recently lost its starting quarterback, Daniel Jones, for the rest of the season, due to injury, endangering its playoff hopes.
Here are some key numbers that provide some context into Rivers’ return:
21: Years since Rivers’ first season.
“I mean, that’s pretty ridiculous to think,” says Seth Wickersham, a senior writer at ESPN. But Wickersham also says the idea of Rivers returning isn’t as wild as it sounds.
Rivers doesn’t have the speed of younger athletes, but that was never part of his game. But what Rivers does have, Wickersham says, is a very particular set of skills.
“Against, you know, all logic, sanity and reason, the NFL has kind of become an old man’s game for quarterbacks.”

For one thing, veterans like Rivers have proven they can quickly understand game situations. And today’s quarterbacks don’t get hit as much, if they stay in the pocket rather than scramble around. This season, similar circumstances allowed another 40-something quarterback, Joe Flacco, to return to the NFL to help the Cincinnati Bengals after Joe Burrow was injured.
10: Children in Philip and Tiffany Rivers’ family. On Wednesday, Rivers said they’re thrilled, nervous and a bit surprised about the idea of him playing in the NFL again.
“My 6-year-old actually asked me like 4 months ago, like, ‘Dad, why don’t you play anymore?’ ” Rivers said in a news conference. “And I’m like, ‘Hey, I’m sorry. The best you’re gonna get is me coaching on the sideline.’ “
8: Pro Bowl appearances for Rivers, who maintained elite stats while spending most of his career with the Chargers, from 2004 until 2019. (The team moved from San Diego to Los Angeles in 2017.)
5: Years of a waiting before a Hall of Fame induction. With his strong résumé, Rivers “was always going to get in on what’s called the first ballot, which is the first year that he’s eligible,” Wickersham says. If Rivers joins the active roster, his Hall of Fame candidacy would reset.
0: Number of playoff appearances by the Colts since Rivers spent the 2020 season with the team following the surprise retirement of Andrew Luck. Indianapolis reached the playoffs with Rivers, but lost to the Buffalo Bills in January 2021.
240: Consecutive regular season starts by Rivers, the second most for any quarterback. It’s a sign of both stamina and smarts, Wickersham says: “You don’t play football for that many games in a row if you’re getting hit all the time.”
14: Current Colts players that Rivers says were on the team when he was last there.
“The teammates that I was able to play with, shoot, 14 of them are still here,” he said on Wednesday. “Training room is the same. PR guys are the same. Equipment room is the same. They wanted me. I try to keep it as simple as that.”
32: Number of NFL starting quarterbacks. And during his career, not many of them could do what Rivers did — and might still do.
“There’s 16,000 starting quarterbacks in high school every year. There’s 858 in college at the highest level,” Wickersham says. “There’s 32 starters in the NFL. There’s 10 good ones and there’s three great ones, give or take, in a year.”
“There are very few guys like Philip Rivers,” he adds. “So if anyone can come off of the street and deliver a couple of wins and help this team make the playoffs, he’s one of the few guys that could do it.”
2: The number of Indianapolis star athletes who have torn their Achilles tendons this year, at key moments. First there was the Indiana Pacers’ Tyrese Haliburton, knocked out of Game 7 of the NBA Finals. Months later, the Colts lost starting quarterback Daniel Jones — who had already been “playing through” a broken fibula.
“It’s just another stinging moment for Indianapolis sports,” says Samantha Horton, of member station WFYI.
For the city’s fans, she says, “I think some of them are just hopeful that … a dream of even seeing the playoffs can remain alive this year.”
For the Colts, that dream might depend on what Rivers can still do.
“It’s been heartbreaking for this to happen to Indy fans especially after the Pacers’ run,” Colts fan Grace Branson says. “The Colts were off to a great and hopeful start. I’m glad that Rivers is familiar with this offense so it gives me some hope and confidence for the rest of the season.”
WFYI’s Samantha Horton contributed to this story.
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