Employers would be well-served to review their policies, practices, and procedures to ensure that they are in line with the Equal Employment Opportunity Commission’s (EEOC) current focus and priorities.
Pay Attention to EEOC’s Targets
The watch words of “equity versus equality” underpin the EEOC’s targets for enforcement actions. According to official and unofficial statements made by EEOC Chair Andrea Lucas, scrutiny will be paid to programs that are tethered to protected classes and that promote the rights of groups versus those of individuals. The EEOC will also direct its focus on intentional discrimination in the form of disparate treatment rather than disparate impact.
Examples of actions taken to advance EEOC’s priorities include Lucas’ February 26, 2026, letter to the leaders of the Fortune 500 companies concerning “unlawful discrimination related to [diversity, equity, and inclusion] DEI in the workplace” and the federal lawsuit filed against an employer that provided a sponsored trip and networking event for a group of female employees, to the exclusion of males.
Another was the $500,000 conciliation agreement resolving a class investigation of a racial harassment charge against an employer that mandated its employees attend either racially segregated “affinity caucuses” or DEI training.
What Should Employers Do?
Recommendations for compliance include the following:
- Focus training on preventing harassment and promoting equal opportunities for all individuals.
- Training on unconscious bias, if provided, should be given to all, not just certain segments of the workforce.
- Any diversity training should be even-handed.
- Evaluate internal programs to ensure they don’t create barriers to recruitment, hiring, and advancement of individuals or serve to benefit any particular race, sex, or religion.
- Ensure information on race isn’t shared or discussed with any employees who have the authority to make hiring decisions.
- Stay alert for further guidance from the EEOC.
Bottom Line
Understanding the enforcement priorities of a governmental agency can provide protection against claims and should be part of your compliance protocols. As always, stay in touch with your employment lawyer if you have any questions or concerns.
Tracey B. Eberling is an attorney with Steptoe & Johnson PLLC in Martinsburg, West Virginia, and can be reached at 304-262-3532 or tracey.eberling@Steptoe-Johnson.com.