In 2025, there were significant shifts in priorities regarding the enforcement of employment discrimination and harassment laws under both the current presidential administration and federal agencies responsible for enforcing federal equal employment opportunity (EEO) laws, such as the U.S. Equal Employment Opportunity Commission (EEOC).
These EEO trends are expected to continue and accelerate in 2026, so employers can expect to see the EEOC prioritize these issues this year:
- Diversity, equity and inclusion (DEI)—Following President Donald Trump’s executive order to combat illegal DEI programs, the EEOC and Department of Justice issued guidance on illegal and discriminatory DEI practices focused on race and sex discrimination.
- Reverse discrimination—The enforcement of reverse discrimination claims aligns with the EEOC’s goals of combatting DEI-related discrimination, as one of the arguments against DEI initiatives is that they result in reverse discrimination.
- Sex discrimination—Both the Trump administration and the EEOC have signaled a shift away from protections against discrimination on the basis of gender identity and sexual orientation.
- Pregnancy discrimination—There may be continued enforcement of the Pregnant Workers Fairness Act, but with a shift away from enforcement of certain provisions.
- National origin discrimination—The EEOC has a stated focus on combatting anti-American national origin discrimination.
- Religious discrimination—The EEOC signaled a focus on enforcing Title VII’s religious protections with a particular concentration on antisemitism.
In addition, the EEOC recently restored its quorum, so employers can anticipate increased rulemaking and guidance throughout 2026.
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