EEOC Adopts New Enforcement Plan, Dropping 1978 Disparate-Impact Guidance as It Targets DEI
Updated
Updated · HR Brew · Jun 16
EEOC Adopts New Enforcement Plan, Dropping 1978 Disparate-Impact Guidance as It Targets DEI
1 articles · Updated · HR Brew · Jun 16
Summary
The EEOC approved a new National Enforcement Plan that replaces the Biden-era version, making DEI-related employment practices and intentional discrimination its central enforcement priorities.
Under the plan, the agency will stop using disparate-impact theories in investigations and litigation after an April executive order and a June 9 DOJ opinion said its Title VII disparate-impact guidelines were unconstitutional.
Practices the EEOC flagged for scrutiny include race- or sex-based quotas, diverse slate and hiring-panel policies, diversity statements, pay tied to demographic goals, and sharing employee race or sex data beyond HR or legal staff.
The agency also said it will prioritize cases involving programs that seek to hire foreign-born workers through guest visas or permanent labor certifications.
The shift extends the Trump administration's broader DEI crackdown, though employers could still face disparate-impact suits from private lawyers even if federal enforcers step back.