As a government agency, the EEOC sets priorities for what it hopes to accomplish. On June 5, 2026, the EEOC Commission (as reconstituted under President Trump) adopted a new National Enforcement Plan (NEP) for 2025-2029. https://www.eeoc.gov/newsroom/eeoc-releases-new-national-enforcement-planpportunity Commission. The NEP specifically aligns the EEOC with the Trump Administration’s priorities including its anti-Diversity, Equity & Inclusion (DEI) agenda. In terms of specific types of cases that the EEOC may pursue in the future, the NEP notes that the EEOC will focus on the following priorities:
- “Remedying DEI-related race and sex-discrimination.”
- “Protecting American workers from anti-American national origin discrimination.”
- “Defending women’s rights to single-sex spaces at work and workers’ right to express the binary nature of sex.”
- “Protecting workers’ religious liberty rights to receive religious accommodations and be free from religious discrimination, harassment, and related retaliation.” Id.
The NEP also notes that the EEOC will eliminate the use of disparate-impact liability (unintentional discrimination arising from neutral policies or practices) in investigations “to the maximum degree possible” and focus on cases that allege disparate-treatment (intentional discrimination).
In light of these shifting priorities, we recommend that employers review their workplace policies and procedures to avoid being the target of this new agenda.
