In recent months, following legal and public attacks from opponents of equal opportunity and workplace inclusion, some companies have scaled back efforts to break down barriers to diversity and inclusion. Recently, Tractor Supply Co., Harley-Davidson, Lowe’s, Ford Motor Co., Brown-Forman Corp., Caterpillar Inc., and Molson Coors announced they would no longer participate in the Human Rights Campaign Foundation’s Corporate Equality Index, a national benchmarking tool for corporate policies and practices pertinent to LGBTQ+ employees, among other inclusion-related changes. As other companies consider retreating from diversity, equity, and inclusion efforts, some have speculated whether such actions might be used as part of a litigation strategy by plaintiffs’ lawyers. NIWR researched this and found that such retreats could indeed be used against companies in discrimination claims in several ways.