Workplace Discrimination in 2026: What EEOC Reports Show
Updated September 2026
Workplace discrimination remains an issue employers and employees need to take seriously. Understanding its scope, however, requires more than counting complaints or reading lawsuit headlines.
EEOC publications released in 2026 document enforcement activity, financial recoveries, and changes to agency guidance. They offer useful evidence about the matters reaching the agency, while leaving important limits on what those figures can tell us about the wider workforce.
What Do the Latest EEOC Figures Show?
In its April 2026 announcement covering fiscal year 2025, the U.S. Equal Employment Opportunity Commission reported processing 88,201 new discrimination charges.
The agency also reported approximately $660 million in total monetary recovery, including $528 million recovered through pre-litigation enforcement.
Pre-litigation recoveries included mediation, conciliation, and settlements before a determination of reasonable cause. The agency described new charge volume as relatively steady compared with fiscal 2024 (U.S. Equal Employment Opportunity Commission [EEOC], 2026b).
These figures describe fiscal 2025 activity reported in 2026. They are not a count of discrimination incidents occurring during calendar year 2026.
A charge is an allegation requiring assessment, not an automatic finding that an employer violated the law. Likewise, recovery totals include settlements and should not be described entirely as court-awarded damages.
The figures also do not establish the percentage of workers experiencing discrimination or, by themselves, prove that discrimination increased nationwide.
What Protections Should Employers Understand?
The EEOC’s 2026–2030 Strategic Plan identifies federal protections addressing discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability, and genetic information. Age protections under the ADEA generally concern workers age 40 and older.
The plan also explains that federal laws prohibit retaliation for opposing employment discrimination, filing a discrimination charge, or participating in discrimination proceedings.
Accommodation duties matter too. Depending on the applicable law, covered employers must provide reasonable accommodations for disability, religion, or pregnancy-related limitations unless doing so would cause undue hardship. Coverage and legal standards vary by statute (EEOC, 2026d).
For employers, a review should therefore examine hiring decisions, accommodation processes, and responses to complaints—not just the wording of an equal opportunity statement.
A 2026 Hiring Discrimination Settlement
In May 2026, the EEOC announced a $5.5 million settlement with Central Transport resolving a lawsuit alleging nationwide discrimination against qualified female truck-driver applicants.
The agency alleged that the company repeatedly selected male applicants over qualified women and subjected women to different hiring procedures.
The consent decree required monetary relief, an outside review of hiring practices, training, and compliance monitoring (EEOC, 2026c).
This example concerns a settlement of allegations, rather than a trial verdict. It illustrates the kinds of hiring practices employers should examine: who receives consideration, whether criteria are applied consistently, and how selection decisions are documented.
Did Changes to Harassment Guidance Remove Protections?
On January 22, 2026, the EEOC voted to rescind its 2024 workplace harassment enforcement guidance.
In its announcement the following day, the agency stated that federal laws prohibiting discrimination, harassment, and retaliation—and Supreme Court precedent interpreting those laws—remained in place (EEOC, 2026a).
Employers should update references to withdrawn guidance while continuing to assess their obligations under applicable law. Rescinding an explanatory document does not give an organization permission to engage in unlawful harassment.
Practical Questions for Employers and Employees
For employers, these reports provide a starting point for reviewing everyday decisions:
Hiring: Are applicants assessed against clear, job-related requirements?
Promotion: Can managers explain and document the criteria used?
Accommodations: Is there an established process for receiving and evaluating requests?
Complaints: Do employees know where to raise concerns, and who will respond?
Retaliation: Are decision-makers trained to recognize and avoid adverse treatment connected to protected activity?
Employees who have concerns can keep a factual record of relevant events, communications, and decisions. For questions about reporting discrimination, consult the EEOC’s current charge-filing instructions promptly; procedures and deadlines depend on the circumstances.
Start With Clearer Hiring Criteria
A practical place to begin is the job description. Explain the work, identify essential qualifications, and distinguish genuine requirements from preferences.
For help reviewing your hiring language, download Diversity.com’s Inclusive Job Description Guide.
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Sources & References
U.S. Equal Employment Opportunity Commission. (2026a, January 23). EEOC Commission votes to rescind 2024 harassment guidance. https://www.eeoc.gov/newsroom/eeoc-commission-votes-rescind-2024-harassment-guidance
U.S. Equal Employment Opportunity Commission. (2026b, April 6). EEOC highlights record-breaking results in agency reports. https://www.eeoc.gov/newsroom/eeoc-highlights-record-breaking-results-agency-reports
U.S. Equal Employment Opportunity Commission. (2026c, May 15). EEOC reaches early $5.5 million resolution with Central Transport over nationwide sex discrimination in hiring. https://www.eeoc.gov/newsroom/eeoc-reaches-early-55-million-resolution-central-transport-over-nationwide-sex
U.S. Equal Employment Opportunity Commission. (2026d). EEOC strategic plan 2026–2030. https://www.eeoc.gov/eeoc-strategic-plan-2026-2030
U.S. Equal Employment Opportunity Commission. (n.d.). How to file a charge of employment discrimination. https://www.eeoc.gov/how-file-charge-employment-discrimination
