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EEOC Chair Lucas warns against providing management with race, sex data

May 2026 federal employment law insider
Authors: 

H. Juanita Beecher, FortneyScott

In a webinar hosted by The College of Labor and Employment Lawyers, Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas said companies that give hiring managers and recruiters race and sex data could receive scrutiny from the agency, and she characterized such action as a “high risk practice.” According to Lucas, employers should treat race and sex data the same way they treat confidential medical data under the Americans with Disabilities Act (ADA), separately and in a confidential manner. She said, “It should not be in the hands of anyone who has the capacity to make an employment decision, otherwise you run the risk it’s going to motivate, unlawfully, that decision.” The comments come as the agency is investigating numerous companies over alleged discrimination against whites and males, which Lucas describes as a return to the commission’s “original mission.”

Planned Parenthood to pay $500,000 to end DEI investigation 

Planned Parenthood of Illinois agreed to pay $500,000 to resolve the EEOC’s allegations that the organization violated federal law when it segregated employees by race, subjected white employees to harassment, and engaged in disparate treatment against white employees regarding terms, conditions, and privileges of employment. 

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