$30M DEI Lawsuit Alleges Comerica's Program Violates Law Ahead of Fifth Third Acquisition: Fett & Fields, P.C.

DETROIT, Jan. 28, 2026 /PRNewswire/ -- A significant employment discrimination lawsuit has been filed in the U.S. District Court for the Eastern District of Michigan against Comerica Incorporated (NYSE: CMA). The complaint alleges that the financial institution operates an unlawful Diversity, Equity, and Inclusion (DEI) program characterized by "Soviet-style" personnel controls and rigid demographic quotas.

The filing comes as Comerica prepares for its scheduled acquisition by Fifth Third Bancorp on February 1, 2026.

Allegations of Systematic Quotas

The lawsuit alleges that Comerica—led by CEO Curt Farmer, who is transitioning to Vice Chair at Fifth Third—established corporate-level quotas that bypass merit-based hiring. According to the complaint, senior management compensation and performance ratings are directly tied to the quota mandates.

The filing highlights a specific statistic from the company's internal reporting: 100% of business units met their DEI performance goals for multiple consecutive years. The plaintiff alleges this was achieved through:

• Centralized HR Control: Rigorous monitoring and mandates to ensure "preferred demographics" were selected for leadership roles.
  
  
  
  
• Outcome Manipulation: Adjusting job titles, qualifications, or performance ratings to align with quota requirements.
  
  
  
  
• Compulsory Compliance: Management accountability structures that penalized leaders who did not meet demographic targets.

Plaintiff Claims $30 Million in Damages

The Plaintiff, James Spilko, a White male and Vice President at Comerica, alleges he was denied nearly 30 promotion opportunities over a five-year period despite receiving exemplary performance reviews.

The lawsuit seeks damages estimated to exceed $30 million, citing violations of federal and state discrimination laws.

Attorney Statement

"Diversity is a laudable goal in employment and other aspects of life—as long as it is done legally," said James Fett of Fett Law, counsel for the plaintiff.

"Unfortunately, these illegal practices have been implemented throughout the country by some of the largest employers, and especially at the management level. Fortunately, though, the employers have been so brazen that evidence is often ample and publicly available."

He added, "not all DEI practices are illegal, but egregious practices like Comerica's can be found throughout corporate America."  

About Fett Law: Fett Law is a premier employment litigation firm based in Michigan, specializing in complex discrimination, harassment, and retaliation cases.

SOURCE Fett & Fields, P.C.