EEOC’s 2026 National Enforcement Plan: What Employers Should Know
On June 4, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) approved a new National Enforcement Plan for fiscal years 2025–2029.
The plan replaces the EEOC’s previous FY2024–2028 Strategic Enforcement Plan. Its purpose is to identify the subject areas the agency will prioritize across activities including public education, technical assistance, investigations, enforcement, and litigation (U.S. Equal Employment Opportunity Commission [EEOC], 2026a, 2026b).
For employers and HR teams, the document provides a current view of where the EEOC says it intends to focus its enforcement resources.
(Important: This article summarizes the EEOC’s National Enforcement Plan for general informational purposes. It does not provide legal advice or replace the EEOC’s underlying materials.)
What is the EEOC National Enforcement Plan?
The National Enforcement Plan, or NEP, sets the EEOC’s subject-matter priorities for fiscal years 2025 through 2029.
The EEOC explains that it receives more charges and inquiries than it can devote equal resources to. The NEP helps the agency determine where to focus its attention and resources (EEOC, 2026b).
The plan also makes two important points:
Its listed priorities are not exhaustive, meaning the EEOC may pursue matters outside the categories listed in the plan.
The priorities are also not ranked in order of importance (EEOC, 2026b).
What employment issues does the EEOC identify as priorities?
The plan contains several categories. For busy HR teams, these are some of the employment practices and issues specifically identified in the document.
1. Job advertisements that exclude or discourage applicants
The NEP identifies job advertisements that, because of a protected characteristic, exclude or discourage certain people from applying or encourage certain people to apply.
The EEOC gives examples involving race and national origin, including terms that operate as race-based criteria and references to particular categories of foreign workers (EEOC, 2026b).
The plan lists these advertisements as examples of cases involving repeated, overt, or facially discriminatory policies, practices, or programs.
2. Intentional discrimination in employment decisions
The EEOC says it will prioritize matters involving intentional discrimination, also known as disparate treatment.
The plan identifies patterns of intentional discrimination involving areas such as hiring, layoffs, job mobility, fringe benefits, and pay (EEOC, 2026b).
The NEP also states that the agency will prioritize disparate-treatment theories over disparate-impact theories when allocating its limited enforcement resources.
This is an enforcement-priority decision described by the EEOC. The plan itself acknowledges that federal law addresses disparate-impact liability (EEOC, 2026b).
3. Employment decisions that use race or sex
The NEP identifies certain policies, programs, and practices involving race or sex as potential enforcement priorities.
Depending on the specific facts, examples listed by the EEOC include race- or sex-based quotas and practices that require, permit, encourage, or incentivize the use of race or sex in employment decisions such as interviewing, hiring, promotion, demotion, and termination (EEOC, 2026b).
The document also gives examples including certain diverse-slate policies, diverse hiring-panel policies, diversity-statement requirements, candidate evaluation methods that consider protected characteristics, and compensation tied to race- or sex-based demographic goals.
Importantly, the NEP introduces these as examples that may be relevant depending on the specific facts of a particular policy, program, or practice (EEOC, 2026b).
4. Access to training and advancement opportunities
The plan also identifies practices that limit access to workplace opportunities based on protected characteristics.
Examples listed by the EEOC include access to internships, fellowships, mentorships, sponsorships, apprenticeships, training programs, temporary-to-hire positions, advancement opportunities, employer-sponsored groups or events, benefits, and other terms or privileges of employment (EEOC, 2026b).
5. Accommodation practices and systemic harassment
The NEP identifies company-wide policies or practices that may violate federal anti-discrimination laws, including mass denials of accommodations.
Systemic harassment is also specifically listed as an enforcement priority (EEOC, 2026b).
The plan separately identifies legal questions involving religious accommodations and the Pregnant Workers Fairness Act among areas where the agency may seek to develop or clarify the law.
6. Vulnerable workers
The EEOC lists cases protecting vulnerable workers as another priority category.
The groups specifically identified in the plan include teenage workers, people with limited literacy or education, people employed in low-wage jobs, survivors of sexual assault, and workers with developmental or intellectual disabilities (EEOC, 2026b).
7. Retaliation and the EEOC enforcement process
The NEP also prioritizes certain cases involving the integrity and effectiveness of the EEOC’s enforcement process.
These include allegations of retaliation against people for participating in EEOC proceedings or opposing unlawful employment discrimination, as well as certain matters involving access to evidence, settlement agreements, and recordkeeping or reporting requirements (EEOC, 2026b).
Does the 2026 National Enforcement Plan create new employment law?
No. The NEP is an enforcement-priority document.
The plan expressly states that it does not create any substantive or procedural right or benefit enforceable at law or in equity (EEOC, 2026b).
Instead, it identifies the types of investigations and cases the agency says it intends to prioritize while carrying out its responsibilities under existing federal employment discrimination laws.
Does the plan say all DEI programs are unlawful?
No. The NEP does not state that every program or practice labeled “diversity, equity, and inclusion” is unlawful.
Instead, the document identifies certain policies, programs, and practices as potential enforcement priorities when they involve intentional discrimination. The EEOC repeatedly notes that the examples it provides depend on the specific facts involved (EEOC, 2026b).
That distinction is important when reading or applying the plan.
What does the plan mean for employers?
The NEP provides employers with a current view of the employment issues the EEOC says it intends to prioritize through fiscal year 2029.
For HR, talent acquisition, and compliance teams, the document can serve as a reference when reviewing current hiring and employment practices, particularly in areas the EEOC expressly identifies, such as job advertising, employment decision-making, access to workplace opportunities, accommodations, harassment, and retaliation.
For questions about whether a specific policy or practice complies with federal law, employers should refer to the applicable law and EEOC guidance or seek qualified legal advice rather than relying on the National Enforcement Plan alone.
Keeping Hiring Practices Current
Federal enforcement priorities can change over time. The EEOC’s 2026 National Enforcement Plan gives employers a current source for understanding the issues the agency says it intends to prioritize, making periodic review of hiring policies, job-posting language, and employment practices a useful part of keeping HR processes current.
Get Started with Diversity.com
At Diversity.com, we connect employers with qualified candidates through inclusive hiring, and help job seekers find employers committed to it.
For Employers & HR Professionals:
✔ Post a job and reach candidates across healthcare, higher education, government, nonprofits, and private industry
✔ Browse our resources for guides, checklists, and reports on inclusive hiring
✔ Join our community in LinkedIn for hiring and compliance updates
For Job Seekers:
✔ Find Inclusive Jobs at organizations that chose to post here
✔ Create a free account to apply and get matched to new openings
✔ Browse our resources for career guides and tools
Have questions? Reach out to our team. We're here to support you.
Frequently Asked Questions
When was the EEOC’s new National Enforcement Plan approved?
The EEOC approved the National Enforcement Plan on June 4, 2026 (EEOC, 2026a).
What years does the National Enforcement Plan cover?
The plan covers fiscal years 2025 through 2029 (EEOC, 2026a).
What did the new plan replace?
It replaced the EEOC’s Strategic Enforcement Plan for fiscal years 2024–2028 (EEOC, 2026a).
Are job advertisements included in the EEOC’s enforcement priorities?
Yes. The plan specifically identifies certain job advertisements that exclude, discourage, or encourage applicants based on protected characteristics among its examples of priority matters (EEOC, 2026b).
Are the priorities the only cases the EEOC can pursue?
No. The NEP says the EEOC’s enforcement activities are not limited exclusively to the priority areas listed in the document (EEOC, 2026b).
How long will the National Enforcement Plan remain in effect?
The NEP states that it will remain in effect until it is superseded, modified, or withdrawn by a majority vote of the Commission (EEOC, 2026b).
Related Articles
Disability and Employment in 2026: What the Latest BLS Data Shows
Skills-Based Hiring in 2026: What Employers Can Learn From Competency-Based Hiring
Using AI to Write Job Ads? A 2026 DOJ Case Shows Why Human Review Still Matters
Sources & References
U.S. Equal Employment Opportunity Commission. (2026a, June 4). EEOC releases new National Enforcement Plan. U.S. Equal Employment Opportunity Commission.
U.S. Equal Employment Opportunity Commission. (2026b, June 4). National Enforcement Plan (FY2025–FY2029). U.S. Equal Employment Opportunity Commission.
