EEOC Scraps Biden-Era Plan, Targets DEI Programs and Drops Disparate-Impact Claims

WASHINGTON, The U.S. Equal Employment Opportunity Commission on June 4 approved a sweeping new enforcement blueprint that deprioritizes a half-century-old legal theory used to challenge workplace policies with discriminatory effects, and redirects agency resources toward targeting employer diversity programs.

The agency's National Enforcement Plan for fiscal years 2025 through 2029 rescinds the Biden-era Strategic Enforcement Plan covering 2024 through 2028, according to the plan published on the EEOC's website. The document governs how the agency picks investigations, allocates staff, and selects cases to litigate.

The plan's central legal move is a sharp turn away from disparate-impact liability. That theory holds that a facially neutral policy can violate anti-discrimination law if it produces discriminatory outcomes for a protected group, regardless of intent. Under the new plan, the EEOC will eliminate the use of disparate-impact theories in investigations "to the maximum degree possible" and will not commence, develop, or continue litigation advancing such claims, according to the Mayer Brown analysis of the plan.

The plan frames intentional discrimination, legally called disparate treatment, as "inherently more egregious" than unintentional disparities, according to a review by Foley and Lardner. The shift tracks directly with Executive Order 14281, signed by President Donald Trump in April 2025 and titled Restoring Equality of Opportunity and Meritocracy, which directed agencies to deprioritize disparate-impact enforcement, as noted in the Herbert Smith Freehills Kramer review of the plan.

The DOJ added a second blow to the theory five days later. On June 9, the Department of Justice issued a memorandum opinion, requested by EEOC Chair Andrea Lucas, concluding that the disparate-impact provisions of Title VII are unconstitutional, according to the Foley and Lardner review. That opinion does not carry the force of law, but it signals the administration's litigation posture.

The plan also designates "remedying DEI-related race and sex discrimination" as its top enforcement priority, according to Herbert Smith Freehills Kramer. The agency says it will investigate DEI programs proactively, without waiting for an individual complaint, and will treat programs labeled "belonging," "equity and inclusion," or similar terms as potential sources of intentional discrimination if they involve race- or sex-based decision-making, according to the same review.

Lucas has telegraphed this direction for months. In December 2025, she posted on X calling on white male employees who believed they had experienced discrimination to come forward, and in February 2026 she sent a reminder letter to Fortune 500 executives about Title VII obligations tied to DEI, according to the Foley and Lardner review.

The plan does not amend any statute. Title VII still contains disparate-impact provisions, and private plaintiffs may still bring those claims in court, according to the Littler analysis of the plan. State and local laws in California, Colorado, and elsewhere also preserve the theory, meaning employers who face reduced federal pressure could still face state-level exposure, according to the Rocky Mountain Employer blog.

For employers, the practical shift is in where the agency is likely to look. The Mayer Brown review noted that the plan is "a priority-setting and resource-allocation document, rather than a new source of legal obligations." But the reallocation is significant: scrutiny of employment programs involving race- or sex-based quotas, diverse-slate hiring policies, and executive bonuses tied to demographic goals is now an explicit EEOC enforcement priority through 2029, according to the Littler analysis.

The plan also elevates several other areas not prominently featured in the previous plan, including protection of workers from what it calls "anti-American" national origin discrimination, defense of single-sex spaces in the workplace, and religious liberty accommodations, according to the Mayer Brown review.

Sources cited:
- EEOC National Enforcement Plan (eeoc.gov) (https://www.eeoc.gov/newsroom/eeoc-releases-new-national-enforcement-plan)
- Mayer Brown analysis of the NEP (https://www.mayerbrown.com/en/insights/publications/2026/06/eeoc-releases-new-national-enforcement-plan-reorienting-agency-priorities)
- Herbert Smith Freehills Kramer review (https://www.hsfkramer.com/insights/2026-07/eeoc-issues-new-national-enforcement-plan)
- Foley and Lardner review (https://www.foley.com/insights/publications/2026/06/eeoc-issues-new-enforcement-plan-for-fiscal-years-2025-2029/)
- Littler analysis of the NEP (https://www.littler.com/news-analysis/asap/eeoc-releases-new-national-enforcement-plan)
- Rocky Mountain Employer blog (https://www.rockymountainemployersblog.com/blog/2026/6/25/eeocs-new-national-enforcement-plan-signals-the-federal-government-continued-move-away-from-disparate-impact-enforcement)