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As legal challenges mount, some companies retool diversity, inclusion programs – Indianapolis Business Journal

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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.

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“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.

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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.

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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.”

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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.

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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.

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Indianapolis, IN

Indiana Latino Expo 2025 gala to celebrate Latino achievements in Indianapolis

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Indiana Latino Expo 2025 gala to celebrate Latino achievements in Indianapolis


INDIANAPOLIS (WISH) — The Indiana Latino Expo 2025 Awards Gala will take place on December 12 at La Flaca at The Square in Indianapolis, celebrating the achievements of the Latino community.

This gala marks the quinceanera of the Indiana Latino Expo, celebrating 15 years of recognizing individuals and organizations that have made significant contributions to the Latino community in areas such as civil rights, health, arts, and entertainment.

“What I love about it, too, is all these people and organizations that are going to be honored, they don’t do what they do for that,” said Charles Garcia with the Indiana Latino Expo. “It’s really an opportunity for you guys to say, hey, we see the work that you’re doing behind the scenes.”

The event promises a night filled with entertainment, delicious food, and inspiring stories, providing an opportunity for the community to come together and celebrate their achievements.

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Sponsors for the gala include McDonald’s, Indianapolis Airport, Old National, and WISH-TV, highlighting the support from various sectors for the Latino community.

DJ Rican will be providing entertainment, ensuring a lively atmosphere where attendees can relax, dance, and enjoy the evening.

Charles Garcia emphasized the importance of recognizing the hard work and dedication of those who contribute to the community, often sacrificing personal time to make a positive impact.

The Indiana Latino Expo 2025 Awards Gala is set to be a memorable event, celebrating the contributions and achievements of the Latino community in Indiana. Attendees can look forward to a night of recognition and fellowship, marking the end of the year with a celebration of community and impact.

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Indy DPW drivers prepping for the ‘snow fight’ with 12-hour shifts

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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

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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.”

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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.

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WRTV

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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.

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WRTV

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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.

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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.

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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.

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“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.”

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WRTV

What can everyday drivers do to help these hardworking DPW drivers during their next snow fight?

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“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.





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Indy mom preps her 3 kids for Christmas in a hotel

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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.

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“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.

Precious Sarver said that her oldest was insistent on having a tree. “We could still do a tree. We could put it on the table,” Sarver said, quoting her son. The Christmas tree is pictured on Dec. 9, 2025, in the family’s eastside hotel room in Indianapolis. Credit: Brett Phelps/Mirror Indy/CatchLight Local/Report for America

“Look where I’m at,” she said. “I never would’ve thought in a million years that I’d be homeless.”

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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.

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“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.

Precious Sarver asked the hotel management to bring a heater into the room, as the boiler in the building has a crack, according to her. The heater is pictured on Dec. 9, 2025. Credit: Brett Phelps/Mirror Indy/CatchLight Local/Report for America

“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.

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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.

Precious Sarver sits on a bed in the extended stay hotel room she rents on Dec. 9, 2025. Credit: Brett Phelps/Mirror Indy/CatchLight Local/Report for America

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.

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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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