By Gerald L. Maatman, Jr., Bernadette M. Coyle, and Andrew P. Quay
Duane Morris Takeaways: In EEOC v. Coca-Cola Beverages Northeast, Inc., No. 1:26-CV-115, 2026 WL 3093454 (D.N.H. Oct. 16, 2026), the Court denied the Defendant’s motion to dismiss an EEOC lawsuit alleging that a regional Coca-Cola bottler violated Title VII by excluding male employees from a company-sponsored, women-only networking event. Applying the U.S. Supreme Court’s “some harm” standard from Muldrow v. City of St. Louis, the Court held that missed networking opportunities, the potential loss of paid time off, and the denial of perks such as a company-paid hotel stay, food, and beverages were enough to plausibly allege an adverse employment action. The Court also rejected the employer’s argument that the event was a lawful effort to expand its pool of candidates for promotion, at least at the pleading stage. The case comes as the Commission has made enforcing Title VII against diversity programs it deems discriminatory, including toward majority groups, a stated priority.
Case Background
The EEOC brought the lawsuit on behalf of a male production employee at Coca-Cola Beverages Northeast, Inc.’s (“Coca-Cola”) facility in Londonderry, New Hampshire. Id. at *1. Coca-Cola sponsored a two-day, women-only networking event, called the “Women’s Forum,” at the Mohegan Sun and Casino in Connecticut. Id. Coca-Cola characterized the event as a means of growing the number of qualified candidates for advancement. Id. The event included a social reception, team-building exercises, recreational activities, and speeches from executives about their career paths. Id.
Only women received invitations. According to the EEOC, the women who attended were excused from their normal work duties and paid their usual salary or wages without using paid time off, and Coca-Cola provided their hotel rooms, food, and beverages. Id. The EEOC alleged that male employees were not provided with any of the benefits associated with attending the event and would have attended if they had been invited. Id. In the EEOC’s view, shutting men out of the event meant they were treated less favorably than women in their compensation and the terms, conditions, and privileges of their employment, in violation of Title VII. Id.
Coca-Cola moved to dismiss under Rule 12(b)(6), advancing three arguments: that the men suffered no legally cognizable injury from missing a single event; that the event was a permissible initiative to broaden the field of candidates ready for promotion; and that nothing in the complaint justified a punitive damages award. Id. at *1-2.
The Court’s Ruling
The Court denied the motion to dismiss.
In 2024, the Supreme Court shifted the standard for Title VII discrimination claims and held that a plaintiff need only show “some harm respecting an identifiable term or condition of employment,” and that the harm need not be “significant.” Muldrow v. City of St. Louis, 601 U.S. 346, 354-55 (2024). The First Circuit has since read Muldrow to reach any employment event, however minor, that leaves the worker “worse off” in the terms or conditions of their employment. Coca-Cola Beverages Northeast, Inc., 2026 WL 3093454, at *3 (citing Walsh v. HNTB Corp., 169 F.4th 330, 339 (1st Cir. 2026)).
The EEOC pointed to three categories of injury – (i) the male employees lost out on the event’s executive talks and networking; (ii) they did not receive the paid days away from work that the female employees enjoyed; and (iii) they went without the free lodging and meals that came with the trip. Id. at *3. Reading the complaint in the EEOC’s favor, the Court concluded that these allegations, taken together, were enough at the pleading stage to suggest that male employees may have been left worse off, even though the Court described the paid-time-off injury as only a potential one. Id. at *4. It also found it significant that the event was an official company function, which made it easier to link the unequal treatment to the men’s employment, particularly given the expansive way the Supreme Court has construed Title VII’s language. Id.
Coca-Cola also argued that event was a lawful effort to encourage female employees to pursue advancement, and that attending it had no bearing on who was actually promoted. Id. The Court rejected this argument, explaining that the EEOC did not attack Coca-Cola’s promotion decisions. Id. at *5. Instead, the agency’s theory is that the particular method Coca-Cola chose, a women-only event with paid time off and perks, took away opportunities and benefits from current male employees. Id.
As to punitive damages, the Court noted that the complaint did not appear to allege facts supporting an award of punitive damages. Id. However, the Court found dismissal of the EEOC’s request for punitive damages to be improper at the motion to dismiss stage because punitive damages are a form of relief rather than a claim and are not appropriately challenged by a motion to dismiss pursuant to Rule 12(b)(6). Id.
Implications For Employers
Employer-sponsored DEI programs are now squarely within the EEOC’s sights, and EEOC Chair Andrea Lucas has identified enforcing Title VII against diversity programs deemed discriminatory as a Commission priority.
The decision also shows how Muldrow’s lower “some harm” threshold can make it easier for these challenges to survive the pleading stage. Under that standard, networking access, paid time away from work, and event perks may be enough to plead an actionable injury when they are provided on the basis of sex. A legitimate goal, such as expanding the pool of candidates for promotion, may not by itself be a defense if the means chosen ultimately deny current employees benefits because of a protected characteristic. Employers still have arguments to press: the Court made clear that a plaintiff must show some disadvantageous consequence, and Coca-Cola may renew its arguments at summary judgment.
Employers should audit the eligibility criteria for their networking events, mentoring programs, conferences, and retreats. They should make sure that these events are available without regard to sex or other protected characteristics. Otherwise, an EEOC action may be on the horizon.