The Equal Employment Opportunity Commission (EEOC) released its new National Enforcement Plan (NEP) on June 4, 2026, replacing its prior Strategic Enforcement Plan. The NEP outlines the agency's enforcement priorities for fiscal years 2025-2029 and signals a shift in how the EEOC intends to deploy its investigative and litigation resources. As a result, the Plan provides employers with valuable insight into the workplace policies and practices most likely to draw agency scrutiny in the coming years.
Key Changes Under the New National Enforcement Plan
The NEP outlines several areas the EEOC intends to emphasize when determining which investigations and lawsuits to pursue over the next several years:
Increased Focus on Intentional Discrimination
The NEP indicates renewed emphasis on cases involving disparate treatment, or “intentional discrimination,” meaning employment decisions that expressly consider race, sex, religion, national origin, or another protected characteristic. Examples may include hiring, promotional, or compensation decisions, or workplace policies that openly favor or disadvantage certain individuals based on protected characteristics.
This marks a shift from prior EEOC enforcement efforts, which often challenged workplace policies that appeared neutral but had a greater impact on certain protected groups, otherwise known as disparate impact. The NEP states that the EEOC will eliminate the use of disparate impact theories in investigations “to the maximum degree possible” and generally will not initiate or continue litigation based on those claims. Instead, the agency intends to focus its enforcement efforts on cases involving intentional discrimination.
Scrutiny of DEI Programs and Initiatives
The NEP identifies diversity, equity, and inclusion ("DEI") programs as a potential area of enforcement focus. While the EEOC does not prohibit lawful DEI initiatives, it indicated that it will closely examine programs that may provide preferences, advantages, or employment opportunities based on race, sex, or other protected characteristics. This scrutiny may extend to activities such as hiring, recruiting, internships, mentorship programs, leadership development initiatives, hiring panels, diversity statements, and hiring goals based on protected characteristics. Employers should review these programs and practices to evaluate whether they comply with federal anti-discrimination laws. This increased scrutiny also aligns with other recent EEOC actions, including the June 30, 2026, rescission of the guidance on permissible affirmative action, signaling the agency’s continued focus on employment practices that consider protected characteristics.
National Origin Discrimination and Immigration-Related Practices
The EEOC also announced an increased focus on what it characterizes as "anti-American" national origin discrimination. According to the NEP, the agency intends to scrutinize employment practices that may favor foreign workers over U.S. workers based on citizenship, immigration status, or national origin. For example, employers may face increased attention if hiring or recruiting practices give preference to visa holders over qualified U.S. applicants. Employers utilizing visa programs should review those practices to confirm compliance with federal anti-discrimination laws.
Religious Accommodation and Expression
The EEOC intends to continue prioritizing religious accommodation and religious discrimination claims, and specifically highlighted workplace policies affecting religious expression, observance, and accommodation requests. Employers may face increased scrutiny of their practices regarding requests for accommodations like schedule changes, leave, dress and grooming accommodation, and other workplace practices affecting employees' religious beliefs or practices.
Sex-Based Distinctions and Workplace Policies
The NEP also identifies workplace policies involving sex-based distinctions as an area of enforcement focus. According to the EEOC, the agency intends to prioritize matters involving single-sex facilities, such as restrooms, locker rooms, and changing areas, as well as claims involving pregnancy, sexual harassment, and other forms of sex discrimination prohibited under federal law.
What Employers Should Do Now
Employers should consider:
- Reviewing DEI initiatives, hiring practices, diversity statements, and other employment programs that reference protected characteristics to evaluate whether updates may be appropriate;
- Evaluating hiring, promotion, and compensation decisions to confirm they are based on objective, job-related criteria;
- Assessing immigration-related recruiting and hiring practices for potential national origin discrimination concerns;
- Reviewing policies and procedures related to religious accommodation and workplace expression;
- Evaluating workplace policies involving sex-based distinctions to confirm compliance with applicable law;
- Training managers and supervisors on the EEOC’s evolving enforcement priorities and the organization’s equal employment opportunity obligations; and
- Consulting legal counsel before implementing employment policies or programs that reference protected characteristics.
Conclusion
Although the EEOC's statutory authority remains unchanged, the National Enforcement Plan provides employers with a roadmap of the issues the agency intends to prioritize through investigations and litigation over the next several years. Employers should consider reviewing their workplace policies and practices considering these priorities. AGH's HR Consulting team can assist employers with policy reviews, compliance assessments, manager training, and other proactive measures designed to reduce risk and confirm compliance with federal employment laws.
If you have questions about EEOC enforcement, contact your AGH HR Consulting team to discuss your organization’s specific needs: