On June 4, the U.S. Equal Employment Opportunity Commission (EEOC) released a National Enforcement Plan (NEP) for fiscal years (FYs) 2025-29. The NEP replaces the agency’s Strategic Enforcement Plan for FYs 2024-28.
Key Changes
The NEP took effect immediately and established a set of principles and substantive enforcement priorities that will govern agency activities through FY 2029. Here are the key changes:
- Deprioritization of disparate impact claims
- Diversity, equity, and inclusion (DEI) programs as an enforcement target
- Prioritizations of the executive branch and administration objectives
Employer Takeaways
The new NEP represents a meaningful reorientation of EEOC enforcement priorities. Employers may consider focusing on the following areas:
- Review existing DEI programs. Employers should work with legal counsel to evaluate whether existing DEI initiatives comply with Title VII under the EEOC’s enforcement posture.
- Audit job advertising and candidate screening. Job postings that solicit “diverse candidates” or use language that filters applicants by race, sex or national origin may draw scrutiny under the NEP.
- Revisit compensation structures. Executive bonuses or other compensation tied to race- or sex-based demographic goals are identified as enforcement targets.
- Assess religious accommodation practices. The NEP signals continued focus on employers’ obligations to provide religious accommodations and rights to express sincerely held religious beliefs in the workplace.
- Comply with all federal antidiscrimination laws. Employers are required to comply with Title VII, the ADA, the ADEA, the EPA, the PWFA and all other laws within the EEOC’s jurisdiction. The change in priorities does not diminish liability for violations of these laws.
Contact us to see how you could minimize risk:
- |
- |