EEOC Adopts New Enforcement Plan

The U.S. Equal Employment Opportunity Commission (EEOC) recently approved a new National Enforcement Plan (NEP) for Fiscal Years 2025–2029, replacing the agency’s prior enforcement framework. While federal anti-discrimination laws remain unchanged, the new plan provides insight into the agency’s enforcement priorities and areas of focus for investigations and litigation over the coming years.

Under the new plan, the EEOC has indicated it will place greater emphasis on claims involving intentional discrimination, religious accommodation, and employment practices that may consider race, sex, or other protected characteristics in hiring, promotion, compensation, training, or other employment decisions. The agency has also signaled increased scrutiny of certain diversity, equity, and inclusion (DEI) initiatives that could be perceived as providing preferences or limitations based on protected characteristics.

In addition, the EEOC has stated that it intends to place less emphasis on “disparate impact” theories of discrimination and focus more heavily on cases involving alleged intentional conduct. Disparate impact is a legal theory of discrimination that applies when an employer's policy or practice appears neutral on its face but disproportionately affects members of a protected group and is not job-related or justified by business necessity. Unlike disparate treatment, which involves intentional discrimination, disparate impact does not require proof that the employer intended to discriminate.

What This Means for Employers

Employers should continue to comply with all applicable federal, state, and local equal employment opportunity laws. Organizations may also wish to review recruiting, hiring, promotion, compensation, training, and accommodation practices to ensure employment decisions are based on legitimate, nondiscriminatory business factors and are consistently applied.

No immediate action is required at this time. However, employers should remain aware of the EEOC’s evolving enforcement priorities and consult with legal counsel regarding any employment practices that consider protected characteristics or involve diversity-related initiatives.