EEOC issues national enforcement plan

On Thursday, May 4, 2026, the Equal Employment Opportunity Commission (EEOC) rescinded the 2024-2028 Strategic Enforcement Plan and replaced it with a new 2025-2029 National Enforcement Plan (NEP). The newly minted NEP establishes a centralized, nationwide enforcement model that aligns the agency closely with the Trump administration’s policies. 

Shift to intentional discrimination (disparate treatment) 

Aligning with President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy,” and the recent Office of Legal Counsel (OLC) opinion (see “DOJ opinion declares EEOC regulations on disparate impact unconstitutional”), the NEP pivots away from “disparate impact” theories of liability in favor of “disparate treatment.” 

Under the new framework, the EEOC will limit the use of disparate impact liability to the “maximum degree possible.” The agency is actively directing its field offices and litigation teams to concentrate on intentional discrimination—situations where an employer explicitly uses a protected characteristic (such as race, sex, or national origin) to make employment decisions. 

Increased scrutiny on DEI programs