Overview
- The EEOC voted to adopt the National Enforcement Plan on June 4, 2026, formally replacing the 2024–2028 Strategic Enforcement Plan and putting the new priorities into effect.
- The plan directs field offices to focus on disparate treatment claims, which are intentional-discrimination cases, rather than pursuing disparate-impact theories that challenge neutral policies with unequal outcomes.
- It lists specific DEI practices the agency views as suspect—such as race- or sex-based quotas, diverse-slate requirements, diversity statements, compensation tied to diversity goals, and targeted job postings—and says those practices may trigger enforcement.
- The NEP signals the EEOC will pick cases to test and narrow recent Supreme Court rulings and it commits the agency to coordinate nationwide litigation and work with other federal agencies to advance administration policy goals.
- Employers should audit hiring and DEI programs, watch for increased subpoenas and litigation risk, and remember that state and local laws may still allow disparate-impact claims even as the EEOC shifts federal focus.