The U.S. Equal Employment Opportunity Commission (EEOC) recently rescinded its prior Strategic Enforcement Plan (2024–2028) and replaced it with a new National Enforcement Plan (NEP) for fiscal years 2025–2029, which took effect immediately upon approval.
The NEP outlines how the EEOC will prioritize investigations, litigation, and policy enforcement across workplace discrimination laws, introducing significant shifts in enforcement focus that employers should take into account.
Shift in Enforcement Philosophy: Focus on Intentional Discrimination
A central feature of the NEP is a shift toward prioritizing intentional discrimination (disparate treatment) over disparate impact claims.
- The EEOC states it will prioritize cases involving intentional discrimination, including pattern‑or‑practice violations;
- At the same time, the agency indicates it will move to limit the use of disparate impact theories “to the maximum degree possible” and will not pursue litigation based on those claims;
This marks a notable change in enforcement emphasis and may affect how employers assess risk related to workplace policies that have unequal effects across groups.
Increased Scrutiny of DEI Programs and Employment Practices
The NEP identifies diversity, equity, and inclusion (DEI)‑related practices as a key area of enforcement risk where such programs may involve or result in prohibited discrimination.
The EEOC specifically highlights potential enforcement against:
- Use of race- or sex-based quotas or targets in hiring, promotions, or layoffs;
- Policies that limit opportunities or benefits based on protected characteristics;
- Practices such as diverse candidate slate requirements, diversity statements, or demographic‑based incentives; and
- Compensation or evaluation systems tied to demographic goals or metrics.
Employers should expect heightened scrutiny of whether DEI initiatives could be construed as involving intentional differential treatment.
Expanded Focus on “Overt” and Systemic Discrimination
The NEP emphasizes enforcement against clear or systemic violations, including:
- Job postings that explicitly favor or exclude candidates based on protected characteristics;
- Company‑wide policies that result in broad denial of accommodations;
- Systemic harassment or segregation in job assignments; and
- Patterns of discrimination affecting hiring, pay, promotions, or benefits.
The EEOC also signals an interest in cases with broader impact beyond individual disputes, including systemic or high‑profile matters.
Key Priority Areas for Enforcement
The NEP identifies several categories the EEOC will prioritize:
- High‑impact cases with broader enforcement significance;
- Cases involving vulnerable workers, including low‑wage workers and individuals with limited resources or disabilities;
- Retaliation claims, particularly those tied to participation in EEOC proceedings;
- Cases raising novel or evolving legal issues, including interpretation of recent Supreme Court decisions; and
- Matters involving religious accommodations and protections, including under recent case law.
The EEOC also intends to continue coordination with federal, state, and local enforcement agencies.
Alignment with Broader Executive Branch Priorities
The NEP explicitly notes that, as an executive branch agency, the EEOC will exercise its discretion in a manner aligned with Administration policy objectives and Executive Orders.
This signals that enforcement priorities may reflect broader federal policy trends, particularly with respect to employment practices, workplace equity, and civil rights enforcement frameworks.
Employer Takeaway
The new NEP signals a meaningful shift in EEOC enforcement strategy, particularly in its focus on intentional discrimination and scrutiny of certain workplace programs.
Employers should consider:
- Reviewing DEI initiatives, hiring practices, and compensation programs to ensure they do not rely on protected characteristics;
- Reassessing policies for potential exposure to intentional discrimination claims, even where designed to promote inclusion;
- Strengthening processes for handling accommodation requests and preventing retaliation; and
- Monitoring further EEOC guidance, enforcement actions, and litigation trends under the new plan.
The NEP will guide EEOC enforcement through at least 2029, making it a critical framework for employers navigating evolving federal workplace discrimination priorities.