Overview
- The EEOC issued a new National Enforcement Plan that took effect June 4, 2026, replacing its 2024–2028 Strategic Enforcement Plan and directing field offices to prioritize disparate-treatment claims.
- On June 9, 2026, the Department of Justice published a memorandum opinion finding the disparate-impact theory unconstitutional, which the NEP cites as legal backing for the agency's new posture.
- The NEP lists specific DEI practices that could be treated as intentional discrimination, including race- or sex-based quotas, aspirational goals that act as proxies, diverse-slate and hiring-panel rules, diversity statements, sharing demographic data with non-HR managers, and pay tied to demographic targets.
- Employers are likely to face more subpoenas and litigation and should audit or pause demographic-based hiring, training, compensation, and reporting programs to reduce exposure under the NEP.
- The plan keeps a three-part strategy of prevention, voluntary resolution, and litigation, will remain in effect until a Commission majority changes it, and may prompt test cases to shape federal precedent while courts and state laws can still review or allow disparate-impact claims.