On June 4, 2026, the EEOC published its National Enforcement Plan to guide its enforcement efforts of anti-discrimination law through 2029. The new Enforcement Plan identifies among its priorities:
- “Remedying DEI-related race and sex discrimination”;
- “Protecting American workers from anti-American national origin discrimination”;
- “Defending women’s rights to single-sex spaces at work and workers’ rights to express the binary nature of sex”; and
- “Protecting workers’ religious liberty rights to receive religious accommodations and be free from religious discrimination, harassment, and related retaliation.”
The announcement of the 2025-2029 National Enforcement Plan is the latest development in the EEOC’s stated mission “to ensure equal opportunity, merit, and colorblind equality for all of America’s workers.” Under the leadership of EEOC Chair Andrea Lucas, the EEOC has previously flagged its intent to prioritize enforcement against “illegal DEI” and religious liberties. The National Enforcement Plan is one of several recent steps showing decisive action from the EEOC in pursuit of those goals.
1. Litigation Trends
The EEOC’s recent litigation trajectory mirrors the priorities outlined in the National Enforcement Plan. For example, in February 2026, the EEOC filed a complaint against Coca-Cola Beverages Northeast, Inc., in the United States District Court for the District of New Hampshire. The EEOC alleges that Coca-Cola engaged in unlawful sex-based discrimination when it held a two-day company-sponsored trip and networking event exclusively for female employees. The EEOC has also initiated at least six different lawsuits this year related to religious discrimination and/or accommodations, and touts that it “recovered over $63 million on behalf of religious workers via public and private pre-litigation voluntary resolutions, as well as litigation settlements.” Recently, the EEOC sued a Chick-fil-A franchisee in the United States District Court for Western District of Texas, alleging that the franchisee failed to reasonably accommodate an employee’s request to refrain from working on the employee’s Sabbath.
2. Affirmative Action Plans
Last month, the EEOC proposed the rescission of a 1979 regulation that advises employers on how to implement voluntary affirmative action plans (AAPs). Historically, this regulation was a roadmap for employers who made a good-faith effort to remedy historic workplace discrimination by implementing a workplace affirmative action plan in accordance with certain requirements. The new EEOC proposal would rescind these protections, making employers with voluntary AAPs vulnerable to “anti-DEI” enforcement efforts.
Importantly, a program need not be titled an “affirmative action plan” to be labeled as such under the law. A program focused on internal or external training programs, targeted job postings, standardized recruitment and interview practices, skill or certification development opportunities, or the establishment of affinity groups with specific protected classes in mind may be considered an AAP.
Employers who are interested in maintaining or implementing workplace programs for which demographics are a factor should consult with counsel to avoid running afoul of these enforcement activities.
3. EEO - 1 Reporting
The EEOC has also proposed an end EEO-1 annual reporting. EEO-1 reporting, which has been in place since 1966, requires larger private employers to submit demographic data on employee race, ethnicity, and sex. Last year, Chair Lucas warned employers against using EEO-1 data to engage in unlawful employment discrimination, emphasizing that Title VII protects “all workers.” The EEOC itself has previously used information obtained from EEO-1 reporting in its investigations of employment discrimination complaints or in evaluating trends or patterns in employment discrimination. Along with the recission of EEO-1 reporting, the EEOC has also proposed the removal of additional EEO data collections related to labor unions, state and local government, and public elementary and secondary school systems and districts. There is no official update on the deadline for the 2025 EEO-1 reporting (which is supposed to be filed in 2026). Employers should continue to comply with EEO-1 reporting requirements until the proposal is officially adopted.
Navigating compliance with the EEOC’s evolving guidance can be challenging. As always, counsel can assist in drafting or revising workplace policies, reviewing or conducting employee trainings, and interpreting anti-discrimination laws and regulations to ensure that employers remain informed of critical legal updates.
If you have any questions, please contact a member of the Brooks Pierce Labor & Employment Team.