EEOC Issues New National Enforcement Plan With Renewed Focus On Employer DEI Programs

We highlighted in a previous alert that employers should expect continued and intensified federal scrutiny of workplace diversity, equity and inclusion (DEI) programs and initiatives. Indeed, on June 4, 2026, the Equal Employment Opportunity Commission (EEOC) issued its “National Enforcement Plan Fiscal Years 2025 – 2029” (NEP), rescinding in its entirety the agency’s prior “Strategic Enforcement Plan Fiscal Years 2024 – 2028” (SEP). The NEP makes clear that employer DEI programs — including those that have been restructured or rebranded — will be a central focus of the agency’s investigative and litigation activities for the foreseeable future.

Content of the NEP

The NEP aims to focus the agency’s priorities in line with Trump administration directives, Supreme Court precedent and prior EEOC guidance regarding DEI. Unlike prior EEOC actions on DEI, including but not limited to its March 2025 guidance titled “What You Should Know About DEI-Related Discrimination at Work” and letters