HIGHLIGHTS

“On June 4, 2026, the Equal Employment Opportunity Commission (“EEOC”) issued its National Enforcement Plan (FY2025 – FY2029) (“NEP”) which rescinds the prior FY2024-2028 Strategic Economic Plan (“SEP”) and focuses on intentional discrimination, merit-based decision-making, and “evenhanded” enforcement. When read alongside the Department of Justice’s (“DOJ”) June 9, Opinion Letter challenging the constitutionality of the EEOC’s longstanding disparate-impact enforcement framework under Title VII, it demonstrates that the federal government is moving away from disparate impact enforcement on the basis of unintentional and neutral employer conduct.”