On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) released its new National Enforcement Plan, outlining the agency’s priorities for workplace discrimination investigations and litigation. The Plan signals a notable shift in enforcement strategy, with increased scrutiny of employment practices that may involve race- or sex-based decision-making, including certain diversity, equity, and inclusion (DEI) initiatives. The EEOC indicated that hiring, promotion, internship, fellowship, and other employment programs that consider protected characteristics may receive heightened attention.
The Plan also reflects a significant departure from prior enforcement efforts by largely moving away from pursuing disparate impact claims and instead focusing on evidence of intentional discrimination. At the same time, the agency identified several additional priority areas, including religious accommodation, anti-American national origin discrimination, retaliation, systemic harassment, and protections for vulnerable workers. The EEOC further signaled its intent to pursue cases that may clarify unsettled areas of employment law, particularly those involving DEI programs, religious accommodations, workplace policies related to sex-based classifications, and the Pregnant Workers Fairness Act.
Employers should take this opportunity to review employment policies, hiring and promotion practices, accommodation procedures, compensation decisions, and workplace training programs. Maintaining clear documentation, applying policies consistently, and ensuring employment decisions are based on legitimate, lawful criteria will be critical in minimizing risk as the EEOC implements its new enforcement priorities.
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