June 09, 2026
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Category: Agency Enforcement

DOJ Opinion Letter Questions EEOC Disparate Impact Framework and Uniform Guidelines

A new Justice Department opinion letter that sharply criticizes the EEOC's disparate impact guidance sets the stage for significant policy shifts at the agency. The opinion letter, from the DOJ’s Office of Legal Counsel (OLC), concludes that the EEOC’s interpretations of Title VII disparate impact liability are unconstitutional because they “contemplate liability based on disparate effects alone, without regard to...
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June 05, 2026
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Category: Agency Enforcement

EEOC’s New Enforcement Plan Signals Shift In Priorities

The EEOC adopted a new National Enforcement Plan June 4 that signals a significant shift in its priorities toward intentional discrimination claims and away from disparate impact cases. The NEP confirms that the EEOC will devote greater attention to employers’ recruiting, hiring, promotion, and DEI-related practices. The NEP’s enforcement priorities include scrutiny of: job ads that refer to race or diverse...
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June 02, 2026
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Category: Agency Enforcement

EEOC Moves To Rescind 1979 Affirmative Action Interpretive Guidance

The Equal Employment Opportunity Commission has asked OMB to approve a measure that would rescind the agency’s 1979 guidance on when Title VII permits voluntary affirmative action. The guidance, codified at 29 CFR Part 1608, outlines when employers may adopt voluntary affirmative action plans for women and minorities. Most employers that adopted affirmative action plans for women and minorities did so...
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May 19, 2026
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Category: Discrimination and Harassment

Tenth Circuit Rejects Hostile Work Environment Claim Based On Single DEI Training

A single mandatory DEI training did not plausibly create a hostile work environment, the Tenth Circuit recently ruled. Its decision in Young v. Colorado Department of Corrections affirmed the dismissal of Title VII and Section 1981 claims. The plaintiff employee alleged that the training’s focus on systemic racism was discriminatory toward white employees, but the court held that the complaint failed...
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May 14, 2026
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Category: Discrimination and Harassment

EEOC Targets Vendor Hiring Assessments That May Trigger Retaliation Concerns

An employer cannot avoid accountability for problematic pre-employment assessments by outsourcing applicant screening to outside vendors, the Equal Employment Opportunity Commission has signified. In a subpoena enforcement action, the EEOC asked a federal court to compel a third-party vendor to produce information about pre-offer suitability assessments that it administered for a public employer.   Pre-employment screening assessment items that reference prior complaints, EEOC activity, or legal proceedings are not automatically unlawful, but they are likely to draw scrutiny because they could deter applicants from...
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May 05, 2026
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Category: Agency Enforcement

House Appropriators Seek Nearly 13 Percent Cut From EEOC’s Budget

The House subcommittee responsible for funding the Equal Employment Opportunity Commission has recommended steep cuts in the agency’s budget, a sharp contrast from the more than $20 million increase sought by the Administration. The panel has advanced spending legislation for fiscal year 2027 that would slash $55.8 million from the EEOC’s budget, a 12.9 percent cut from its current funding of...
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April 13, 2026
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Category: Agency Enforcement

EEOC Budget Request Points To Bigger, Data-Driven Enforcement

The EEOC’s FY 2027 Congressional Budget Justification signals the agency’s desire to enhance its enforcement capacity for complex, systemic discrimination matters. Notably, the request asks for (1) a 15.6% increase to expand data analytics, digital case management, and large-scale reviews of employer practices; and (2) an 8.1% increase in private-sector enforcement litigation. The CBJ frames these investments as support for...
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April 06, 2026
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Category: Agency Enforcement

OMB Delays Agencies’ Race And Ethnicity “Action Plans” To March 2027

The White House Office of Management and Budget has again extended the deadline for the EEOC and other federal agencies to submit their Agency Action Plans on Race and Ethnicity Data. Agency Action Plans are now due March 28, 2027. The deadline for agencies to bring data collections into compliance is September 28, 2029. The agency’s submission of their Agency Action...
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April 01, 2026
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Category: Agency Enforcement

EEOC Voting Records Show Most Votes Bipartisan Since Quorum Restored

EEOC Commissioners have voted in a bipartisan manner in most substantive matters since the Commission regained a quorum in late October, new EEOC vote disclosures show. Through February 2026, the Commission has cast 35 votes, with only nine of their 27 substantive votes split along party lines. Media coverage has focused on policy differences among the Commissioners, but the voting record...
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March 18, 2026
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Category: Discrimination and Harassment

First Circuit Finds PIP Did Not Alter Employment Terms And Therefore Was Not An Adverse Action

A performance improvement plan issued to an employee did not constitute an adverse employment action under the Supreme Court’s Muldrow standard, the First Circuit held March 13. The PIP imposed no new duties, changes in pay, limits on mobility, or modifications to the employee’s terms or conditions of employment, the court found. The court characterized the PIP as “documented counseling” rather than...
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