EEOC’s New Enforcement Plan Signals Shift In Priorities

June 5, 2026

What's New

This week, the EEOC adopted a new National Enforcement Plan (NEP), replacing its Biden-era Strategic Enforcement Plan. The NEP shifts the agency’s focus toward intentional discrimination claims and directs staff to limit use of disparate impact theories “to the maximum degree possible.”

Among the NEP’s most notable enforcement priorities are:

• Facially discriminatory recruiting practices, including job ads that exclude or encourage applicants based on protected traits, such as references to race or “diverse candidates.”
• Policies or programs that the agency views as intentionally discriminatory, including DEI-related initiatives.
• Use of race or sex in employment decisions, including policies that require, permit, or incentivize consideration of protected characteristics in hiring, promotion, or other employment actions.
• The use of diverse slates or panels, diversity statements, pay tied to demographic goals, and sharing employee race or sex data beyond HR or legal personnel.
• Claims involving recent Supreme Court precedent or unresolved statutory questions, including religious accommodation, voluntary affirmative action, and liability under the Pregnant Workers Fairness Act.

What It Means

The NEP confirms that the EEOC will devote greater attention to practices it views as involving intentional discrimination, particularly in recruiting, selection, promotion, and certain DEI-related initiatives. It also signals a reduced emphasis on disparate impact theories and gives employers a clearer sense of the practices likely to trigger investigation.

What You Should Do

Employers should review recruiting, selection, promotion, and DEI-related practices in light of the EEOC’s new priorities. CWC’s DEI Risk Assessment Package may help identify risk areas, and our upcoming conferences will explore these issues in detail.

RELATED CONTENT

Subscribe to CWC's Updates and Events

CLICK TO SIGN UP