Publications

On June 4, 2026, the Equal Employment Opportunity Commission (EEOC), under Chair Andrea Lucas, approved a new National Enforcement Plan (NEP) for fiscal years 2025–2029. The NEP identifies priority subject areas to guide the agency’s efforts to prevent and remedy unlawful employment discrimination. It replaces the EEOC’s 2024–2028 Strategic Enforcement Plan and signals the Commission’s commitment to advancing the current administration’s employment policy priorities. Key takeaways from the NEP include:

Focus on Intentional Discrimination – Recognizing its limited resources, the Commission clarified that it will primarily focus attention on claims of disparate treatment, viewing “allegations of intentional discrimination by an employer inherently more egregious forms of discrimination than unintentional disparities between groups of employees arising from an employer’s neutral policies or practices.” Accordingly, the Commission resolves to “eliminate the use of disparate impact liability theories in investigations to the maximum extent possible.”

Targeting DEI Programs – DEI initiatives are a clear enforcement priority under the NEP. The NEP resolves to target intentional discrimination specifically arising from “policies, programs, or practices that [give] preference [to] guest worker visa holders or PERM applicants or those policies, programs, or practices labeled or framed as ‘diversity, equity, and inclusion’ (DEI) or similar euphemisms, often adopted by large corporations, prominent universities, and other elite institutions.” The Commission identifies several offending policies, programs, or practices, including race- or sex-based quotas or “aspirational goals” that otherwise incentivize race- and sex-based decision making in any employment decision.

Clarifying Supreme Court Precedent – The Commission identifies its intention to pursue enforcement actions to promote the development of case law supporting antidiscrimination purposes. Among a variety of legal issues, the Commission seeks to clarify the analysis of certain DEI practices, programs, and policies under Title VII, particularly in the wake of the Supreme Court’s decision in Ames v. Ohio Department of Youth Services. Furthermore, the Commission plans to clarify the scope of Bostock v. Clayton County with respect to (i) employees’ right to single-sex intimate spaces; (ii) employers’ right to provide the same; (iii) employees’ and employers’ right to express the binary nature of sex; and (iv) to employees’ right to religious accommodations for sincerely held religious beliefs.

The NEP demonstrates the EEOC’s continued focus on previously identified policy areas like DEI. Employers should keep in mind that the NEP does not alter substantive federal or state anti-discrimination law but merely reflects the EEOC’s enforcement priorities moving forward. Even still, employers may consider reviewing their equal employment policies and procedures to avoid the Commission’s scrutiny.