7/14/26 EEOC Announces Updated National Enforcement Plan

July 14, 2026

On June 4, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) approved a new National Enforcement Plan (NEP) for FY 2025-29, replacing the EEOC’s FY 2024-28 Enforcement Plan. The updated Plan de-prioritizes enforcement of workplace protections for individuals and groups who have been historically discriminated against, while imposing heightened restrictions on so-called “reverse discrimination.”

Here is what employers need to know:

Disparate Impact: The NEP explains that the EEOC “will not commence, develop, or continue to pursue” litigation advancing disparate impact claims that involve facially neutral policies which intentionally or unintentionally have disproportionate negative effects on certain protected categories. Under the NEP, these claims are considered less “egregious” than intentional or overt discrimination (disparate treatment) claims. Regardless of whether such claims will be enforced federally moving forward, disparate impact claims remain actionable under many states’ laws, so employers should be careful to ensure compliance with relevant state requirements.

Anti-DEI Measures: The NEP signals increased scrutiny of programs which promote “Diversity, Equity, and Inclusion” (DEI) in the workplace. Moving forward, the EEOC will challenge policies which directly or indirectly benefit women, racial minorities, and/or visa holders in hiring decisions, promotion considerations, and the existence of employee resource groups. Conversely, the NEP suggests heightened enforcement of claims which allege “reverse discrimination” against men, white people, and/or those who are American in national origin. Looking ahead, employers should monitor EEOC involvement in litigation which will potentially limit the availability of DEI and voluntary affirmative action programs. Employers who utilize such programs should also consider whether to modify or reframe those programs to reduce the risk of federal scrutiny.

Single-Sex: The NEP signals the EEOC’s interest in “clarifying the scope” of Bostock v. Clayton County -- which held that gay and transgender employees are protected by Title VII -- with respect to the availability of single-sex spaces (such as bathrooms and locker rooms) and the right of employees and employers to “express the binary nature of sex.” Employers will nevertheless need to bear in mind state law protections for gay, transgender, and nonbinary employees who may face disparate impact or disparate treatment as a result of spaces and language which discriminate on the basis of sex or gender identity.

Religious Protections: The NEP promotes protections for employees seeking religious accommodations for “sincerely held beliefs” from religious discrimination, harassment, or retaliation. We expect the EEOC will continue to take positions on the constitutional and statutory limitations on enforcement of matters involving religious organizations and religious employers.

While it remains to be seen exactly how the NEP’s priorities will shape EEOC enforcement and court rulings, employers should carefully consider how their policies comply with both federal and state standards. In the meantime, we will continue to share practical updates and information based on relevant developments in state and federal court.

For questions or assistance regarding the NEP, EEOC enforcement, and any other related compliance matters, please contact Andrew Schpak at 503-276-2156 or aschpak@barran.com.