EEOC Releases National Enforcement Plan for FY 2025–2029

Employers now have a roadmap from the federal government on how best to comply with workplace anti-discrimination laws under the Trump administration. The Equal Employment Opportunity Commission (EEOC) has released an updated National Enforcement Plan which replaces the last plan from the Biden administration. Notably, the plan prioritizes on eliminating DEI-based initiatives, focusing on enforcement in intentional discrimination cases rather than disparate impact claims. The plan “reaffirms the agency’s unwavering commitment to merit-based, evenhanded enforcement of our nation’s civil rights laws,” according to EEOC Chair Andrea Lucas. 

On June 9, 2026, the Department of Justice’s (DOJ) Office of Legal Counsel released a memorandum opinion backing the EEOC’s new position, finding Title VII of the Civil Rights Act’s disparate impact provisions to be unconstitutional.

If you operate in certain states, like Texas or Florida, or are a federal contractor, you may see increased scrutiny of DEI programs.

Even if federal enforcement relaxes, federal, state, and municipal laws exist that have their own anti-discrimination provisions, many of which are stricter than federal enforcement practices. Make sure you know the rules in jurisdiction where you have employees.

EEOC:
EEOC Releases New National Enforcement Plan

Fisher & Phillips LLP:
EEOC Issues New Enforcement Plan: 5 Steps for Employers to Ensure Compliance with Federal Anti-Discrimination Laws

DOJ Says EEOC Guidance on Unintentional Bias Is Unconstitutional: 5 Things Employers Need to Know