For employers, human resources executives, and in-house counsel responding to federal discrimination charges, a new federal enforcement plan changes which workplace policies draw scrutiny.
Where an investigation begins, and who directs it, may change as well.
Nancy Gunzenhauser Popper and Lauri F. Rasnick, Members of the Firm in the Employment, Labor & Workforce Management practice of Epstein Becker Green, co-authored "The EEOC's New Five-Year Plan: What It Means for Employers (and their Lawyers)" in Corporate Counsel's American Bar Association Litigation Section. Nancy counsels employers on employment compliance and workplace investigations, and Lauri represents employers in employment litigation and advises on DEI compliance.
The authors examine the Equal Employment Opportunity Commission's (EEOC) National Enforcement Plan for fiscal years 2025 through 2029, which replaced the agency's prior Strategic Enforcement Plan. The plan centralizes enforcement decisions at EEOC headquarters, allowing matters to be reassigned among districts or handled by headquarters personnel.
It also commits the agency to stop pursuing disparate-impact theories and to concentrate on intentional discrimination, including claims tied to DEI programs, national-origin discrimination, religious liberty, and the scope of the Pregnant Workers Fairness Act. The list of "vulnerable workers" narrows from twelve categories to five. Equal pay and harassment are no longer top priorities, and AI-related hiring concerns are deemphasized but not eliminated.
For employers, policies that had become routine may warrant a fresh review. "Enforcement may decline somewhat in volume, but the more significant change is likely to be in the types of matters the EEOC pursues," the authors wrote. Employers under investigation should expect detailed information requests and be prepared to defend a decision to withhold responses in court.
Staff Attorney Elizabeth Ledkovsky contributed to the preparation of this article.
©2026. Published in Corporate Counsel, Fall 2026, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Get in Touch
To discuss how your organization should review its policies and prepare for EEOC investigations under the new plan, contact Nancy Gunzenhauser Popper at npopper@ebglaw.com or Lauri F. Rasnick at lrasnick@ebglaw.com.
