News & Analysis as of

Equal Employment Opportunity Commission (EEOC)

Brownstein Hyatt Farber Schreck

DOJ Opines that EEOC’s Title VII Disparate Impact Framework Is Unconstitutional

On June 9, 2026, the U.S. Department of Justice’s Office of Legal Counsel (“OLC”) issued a significant memorandum opinion concluding that the Equal Employment Opportunity Commission’s (“EEOC”) longstanding interpretation of...more

FordHarrison

Several Changes Likely Coming to Illinois Employment Laws Following the 2026 Legislative Session

FordHarrison on

Although there appear to be some changes coming to Illinois employment laws this year (amendments that have passed by the Illinois Legislature and await the Governor’s signature), likely because it is an election year, none...more

Vinson & Elkins LLP

Governance & Sustainability Roundup – June 17, 2026

Vinson & Elkins LLP on

Welcome to our Governance & Sustainability Roundup — Our regular briefing that gives a quick overview on what has recently happened in the world of governance and sustainability that may be of interest to your company, your...more

Phelps Dunbar

EEOC Moves to Rescind Affirmative Action Safe Harbor

Phelps Dunbar on

The EEOC’s interpretation of Title VII continues to evolve under the Trump administration. On May 27, the EEOC put the White House on notice that it intends to rescind longstanding interpretive regulations which allowed...more

Phelps Dunbar

New EEOC Enforcement Plan Raises Potential DEI and Transgender Issues for Employers

Phelps Dunbar on

The EEOC laid out its areas of focus and coordination for the next three years in its new National Enforcement Plan. Generally, the plan is consistent with the current administration’s scrutiny of DEI policies and hiring...more

Seyfarth Shaw LLP

No Connection, No Enforcement: Court Shuts Down EEOC Subpoenas That Missed the Mark

Seyfarth Shaw LLP on

On June 3, 2026, in EEOC v. Psychological Dimensions, LLC, No. 1:26-MC-00072 (D. Colo.), the Colorado District Court declined to enforce two administrative subpoenas the EEOC had served on a vendor providing screening...more

Littler

Dear Littler: Offside at the Office? When World Cup Rivalries Cross the Line

Littler on

Dear Littler: With the World Cup in full swing and Houston as one of many host cities, our office has turned into a daily “fan zone.” At first, it was fun: jerseys, team songs, and watch parties....more

Fisher Phillips

Colorado Will Require State-Level EEO-1 Data Reporting: Answers to Top Questions From Employers

Fisher Phillips on

Colorado will soon require private employers with at least 100 employees to file demographic workforce data related to race, ethnicity, gender, and job categories, even if the Trump administration eliminates the federal EEO-1...more

Brooks Pierce

EEOC Publishes New National Enforcement Plan

Brooks Pierce on

On June 4, 2026, the EEOC published its National Enforcement Plan to guide its enforcement efforts of anti-discrimination law through 2029. The new Enforcement Plan identifies among its priorities:...more

Sheppard, Mullin, Richter & Hampton LLP

Is Disparate Impact Dead? DOJ’s OLC Opinion Signals Massive Shift in Employer Liability

On June 9, 2026, the Department of Justice’s Office of Legal Counsel (“OLC”) issued a formal opinion concluding that the Equal Employment Opportunity Commission’s (“EEOC”) longstanding guidelines on disparate-impact liability...more

Pullman & Comley - Labor, Employment and...

Highlights from the EEOC’s New National Enforcement Plan: What Employers Need to Know

On June 4, 2026, the U.S. Equal Employment Opportunity Commission (the “EEOC”) rescinded its Strategic Enforcement Plan for Fiscal Years 2024–2028 (previously adopted during the Biden administration) and replaced it with a...more

Foley & Lardner LLP

EEOC Issues New Enforcement Plan for Fiscal Years 2025-2029

Foley & Lardner LLP on

On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) issued a revised National Enforcement Plan (NEP). The NEP sets forth the agency’s enforcement agenda and supersedes (and starkly departs from) the 2024-2028...more

Fisher Phillips

New Florida Law Offers Clarity in Workplace Discrimination Filings: What Employers Need to Know

Fisher Phillips on

Florida just cleared up a longstanding question for employers facing state-law workplace discrimination claims. Employers and employees alike now have a clearer, more predictable deadline for when such claims can go to court....more

FordHarrison

Employers Should Prepare for Religious Objections to Workplace AI Use

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On May 25, 2026, Pope Leo XIV released his first encyclical, “Magnifica humanitas: On Safeguarding the Human Person in the Time of Artificial Intelligence.” For employers, this type of high-profile religious guidance related...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Colorado Law on Demographic Reporting May Signal Larger Changes

Colorado Governor Jared Polis signed House Bill 26-1207 on June 4, 2026, establishing a requirement as of July 1, 2027, for employers to provide EEO-1 data as part of their periodic reporting to the Colorado secretary of...more

DCI Consulting

When Pre-Employment Assessments Trigger EEOC Scrutiny

DCI Consulting on

BLOG OVERVIEW: In EEOC v. Psychological Dimensions, LLC, the U.S. Equal Employment Opportunity Commission issued administrative subpoenas to a third-party pre-employment assessment vendor, not the public employers under...more

Constangy, Brooks, Smith & Prophete, LLP

DOJ says EEOC’s disparate impact standards are unconstitutional

Will the courts agree? Building on the Trump Administration’s efforts to dismantle disparate impact as a basis for discrimination claims, the Office of Legal Counsel of the U.S. Department of Justice has said that the...more

Berkshire

FTA Withdraws EEO Reporting Guidance, Reducing Administrative Burden for Transit Agencies

Berkshire on

On May 20, 2026, the Federal Transit Administration (FTA) officially withdrew Circular 4704.1A, Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients. The action,...more

Clark Hill PLC

DOJ Opinion on EEOC Disparate-Impact Guidelines: What Employers Should Know

Clark Hill PLC on

On June 9, 2026, the U.S. Department of Justice announced that its Office of Legal Counsel has concluded that the Equal Employment Opportunity Commission’s disparate-impact guidelines under Title VII of the Civil Rights Act...more

Berkshire

The Future of EEO-1 Reporting May Be State-Led: Colorado Shows Why

Berkshire on

Colorado has become the latest state to step into an area where federal workforce reporting and compliance requirements may be facing uncertainty. On June 4, 2026, Colorado enacted HB 26-1207, a new law requiring certain...more

Venable LLP

EEOC Lawsuit Against the New York Times - the Latest Front in Workplace Discrimination Enforcement

Venable LLP on

The U.S. Equal Employment Opportunity Commission's (EEOC) lawsuit against the New York Times, EEOC v. The New York Times Company, Case No. 1:26-cv-03704, has emerged as a closely watched test of how federal...more

FordHarrison

What Does the EEOC's Proposed Rescission of the EEO-1 Report Mean for Employers?

FordHarrison on

On May 14, 2026, the Equal Employment Opportunity Commission (EEOC) submitted a proposed rule that could eliminate the long-standing requirement that employers file EEO-1 reports. Importantly, this change is not yet in...more

Venable LLP

The EEOC’s New Enforcement Plan Puts Employers on Notice: An Overview of the Agency’s Key Enforcement Priorities for 2025-2029

Venable LLP on

On June 4, 2026, the U.S. Equal Employment Opportunity Commission (EEOC or the Agency) published a new National Enforcement Plan (NEP) for Fiscal Years 2025-2029....more

Jackson Lewis P.C.

DOJ Opinion Finds EEOC Title VII Disparate Impact Guidelines Unconstitutional

Jackson Lewis P.C. on

On June 9, 2026, the Department of Justice’s (DOJ) Office of Legal Counsel released a memorandum opinion finding the Equal Employment Opportunity Commission’s (EEOC) existing guidelines on Title VII of the Civil Rights Act’s...more

Womble Bond Dickinson

DOJ Reinterprets Title VII Disparate Impact - Practical Implications for Employers

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On June 9, 2026, the U.S. Department of Justice's Office of Legal Counsel (OLC) issued an opinion concluding that the Equal Employment Opportunity Commission's (EEOC) long-standing approach to disparate-impact liability under...more

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