U.S. Appeals Court Revives Lawsuit Against Pfizer's Diversity Fellowship Program

On Friday, a U.S. appeals court breathed new life into a lawsuit brought by the conservative organization Do No Harm, which is opposed to various diversity initiatives in healthcare. The lawsuit challenges Pfizer's fellowship program aimed at increasing the representation of Black, Latino, and Native American individuals in leadership roles within the company.

Originally, a panel from the 2nd U.S. Circuit Court of Appeals had decided last year that Do No Harm did not have the necessary legal standing to contest Pfizer's program. This earlier ruling established a precedent that required groups to specifically name individuals who were allegedly harmed by the initiatives they were suing over. Do No Harm and similar organizations argued that this requirement could deter civil rights litigation, posing risks of harassment and retaliation against individuals whose names would need to be revealed.

Upon review, the appeals court found that the lower court had applied an overly stringent standard in assessing whether Do No Harm had the standing to pursue the case. The panel's latest ruling orders a reevaluation of the situation. Pfizer has maintained that the claims made by Do No Harm are unfounded and will be contested in court, reiterating its commitment to principles of diversity, equity, and inclusion.

Do No Harm, a Virginia-based nonprofit group consisting of healthcare professionals, filed the lawsuit in 2022, alleging that Pfizer's Breakthrough Fellowship Program discriminated against white and Asian-American applicants. The lawsuit was filed shortly before the U.S. Supreme Court ruled against race-conscious admissions policies in cases involving Harvard and the University of North Carolina. Following this Supreme Court decision, several companies, including Walmart and McDonald's, have altered their diversity-related policies under pressure from conservative activists.

Key to the lawsuit is the claim that Pfizer's fellowship program prevented two unnamed white or Asian-American members of Do No Harm from applying due to its criteria, which have since been revised to allow broader participation.