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DEI Lawsuit Alleges Reverse Discrimination

DETROIT – A high-ranking executive at Comerica Bank has filed a massive $30 million federal lawsuit against the financial institution, alleging that its Diversity, Equity, and Inclusion (DEI) initiatives have devolved into an illegal “quota system” that discriminates against white male employees.

reverse discrimination lawsuit DEI Comerica

The lawsuit, filed by James Spilko, a Vice President at Comerica, comes at a sensitive time for the bank as it nears its scheduled February 1 acquisition by Fifth Third Bancorp.

According to the complaint filed in the U.S. District Court for the Eastern District of Michigan, Spilko alleges he was passed over for nearly 30 different promotion opportunities over a five-year period. Despite receiving “exemplary” performance reviews, Spilko claims his career advancement was systematically blocked to make room for candidates from “preferred demographics.”

“Soviet-Style” Controls Alleged

The legal filing, represented by the Michigan-based firm Fett & Fields, P.C., paints a picture of a corporate culture governed by what it describes as “Soviet-style” personnel controls.

The lawsuit alleges that Comerica:

  • Tied Compensation to Quotas: Senior management compensation and performance ratings were directly linked to meeting specific demographic targets.
  • Manipulated Outcomes: The bank allegedly adjusted job titles and qualifications to ensure that diverse candidates were selected over more qualified peers.
  • Centralized HR Mandates: Business units were allegedly forced to follow rigid mandates that bypassed traditional merit-based hiring.

“Diversity is a laudable goal in employment… as long as it is done legally,” said James Fett, counsel for the plaintiff, in a statement. “Unfortunately, these illegal practices have been implemented throughout the country by some of the largest employers… the employers have been so brazen that evidence is often ample and publicly available.”

Statistical Anomalies

One of the central pillars of the lawsuit is a striking internal statistic: according to the filing, 100% of Comerica’s business units met their DEI performance goals for multiple consecutive years. The plaintiff argues that such statistical perfection is impossible in a natural hiring environment and serves as evidence of a hard-cap quota system rather than a flexible diversity outreach program.

Timing and Impact

The lawsuit names Comerica CEO Curt Farmer—who is slated to become Vice Chair at Fifth Third following the merger—as a key figure in establishing these policies.

Spilko is seeking $30 million in damages, citing violations of both federal and state anti-discrimination laws. The case adds to a growing wave of “reverse discrimination” litigation across the United States, as legal experts and corporations grapple with the boundaries of DEI programs following the Supreme Court’s 2023 decision to end affirmative action in college admissions.

Comerica has not yet released a formal response to the specific allegations in the complaint. The acquisition by Fifth Third remains on track for the start of February.


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