EEOC Reorients Its Enforcement Priorities

On June 4, 2026, the Equal Employment Opportunity Commission (“EEOC”)—the federal agency charged with enforcing employment discrimination statutes—issued a new national enforcement plan (“NEP”) establishing the agency’s new priorities. The NEP reflects a significant shift in the agency’s enforcement priorities and signals increased scrutiny of certain workplace policies and practices.

Most notably, the EEOC announced that it will prioritize claims involving intentional discrimination (disparate treatment) and will largely discontinue the use of its resources to investigate or litigate unintentional discrimination claims (also referred to as disparate impact claims).

The NEP also emphasizes that certain diversity, equity, and inclusion (“DEI”) practices will be scrutinized by the EEOC. Examples cited by the EEOC include race or sex-based hiring preferences, diversity quotas, diverse slate requirements, policies that require candidates to submit diversity statements, sharing employee race or sex data with managers, the public, or other non-HR personnel, and compensation programs tied to demographic goals.

Additional priorities cited by the EEOC include, among other things, “protecting American workers from anti-American national-origin discrimination,” expanding enforcement related to religious accommodations, and pursuing cases concerning sex-based workplace policies, including issues involving single-sex facilities.

Although the EEOC will continue to pursue retaliation claims, harassment, failure to accommodate claims, and cases involving vulnerable workers, employers should review existing employment policies and practices in light of the new enforcement framework. Businesses with questions regarding the EEOC’s revised enforcement framework should contact Nate Wolf, Nikole Canute, Scott Dwyer, Dominic Clolinger, or Kathryn Stegink.