EEOC Releases New Five-Year National Enforcement Plan

On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) released its new National Enforcement Plan, replacing its current Strategic Enforcement Plan.

To eliminate discrimination in the workplace, the EEOC takes a three-pronged approach:

1. Prevention through education and outreach;
2. Voluntary resolution of disputes; and
3. Strong and even-handed enforcement via the EEOC’s litigation program.

In its new plan, the EEOC focuses on enforcing federal anti-discrimination laws through litigation. In a departure from prior enforcement plans, the plan now focuses on disparate treatment rather than disparate impact claims, stating it will eliminate the use of disparate impact liability theories of investigations “to the maximum degree possible,” and “will not commence, develop or continue to pursue litigation that advances disparate impact claims.”

The difference between disparate treatment and disparate impact is:

• Disparate treatment claims involve allegations that an individual or group of individuals was treated differently because of a protected characteristic; and
• Disparate impact claims involve allegations that a particular policy, while neutral on its face, nevertheless has a disproportionate adverse effect on a group of individuals who share a protected characteristic.

This policy shift aligns with recent federal developments, including the Department of Justice’s June 9, 2026, opinion letter, which concluded that the EEOC’s disparate impact regulations raise constitutional concerns. Keep in mind that disparate impact still is recognized under Title VII and has not been eliminated.

The EEOC has now identified four main enforcement priorities:

1. Remedying DEI-related race and sex discrimination, including targeting employer programs that give preference or state “aspirational goals” for hiring practices based on race, ethnicity and sex.
2. Protecting American workers from anti-American national origin discrimination, including hiring practices that encourage or give preference to guest worker visa holders.
3. Defending women’s rights to single-sex spaces at work and workers’ rights to express the binary nature of sex.
4. Protecting workers’ religious liberty rights to receive religious accommodations and be free from religious discrimination, harassment and related retaliation.

The EEOC will also prioritize several areas of law, including claims involving:

1. The analysis under Title VII of the Civil Rights Act of 1964 of certain diversity, equity and inclusion (DEI) workplace policies;
2. The analysis of voluntary affirmative action programs;
3. The application of the “some harm” standard adopted in 2024 U.S. Supreme Court case Muldrow v. City of St. Louis.
4. Employers’ obligations to reasonably accommodate religious practices under Title VII and Groff v. DeJoy;
5. Clarifying the scope of Bostock v. Clayton County regarding(i) employees’ right to single-sex intimate spaces; (ii) employers’ right to provide the same; (iii) employees’ and employers’ right to express the binary nature of sex; and (iv) employees’ right to religious accommodations for sincerely held religious beliefs; and
6. The scope of liability under the Pregnant Workers Fairness Act.

The EEOC’s new plan offers valuable insights around its enforcement priorities, but California employers should remember they are also subject to the California’s anti-discrimination laws, which the California Civil Rights Department enforces.

Shannon N. Claire, J.D., Employment Law Subject Matter Expert, CalChamber

CalChamber members can read more about Discrimination Investigation by Government Agencies in the HR Library. Not a member? Learn how to power your business with a CalChamber membership.

Tagged discrimination, disparate impact, enforcement efforts, Equal Employment Opportunity Commission (EEOC)