EEOC Releases New National Enforcement Plan for FY2025–FY2029

The U.S. Equal Employment Opportunity Commission (EEOC) has approved a new National Enforcement Plan (NEP) for fiscal years 2025–2029. The NEP rescinds and replaces the agency’s prior FY2024–FY2028 Strategic Enforcement Plan and is effective immediately. It will guide the EEOC’s investigations, conciliations, litigation, amicus activity, outreach, technical assistance, and enforcement priorities over the next several years.

While the NEP does not change employers’ underlying obligations under Title VII or other federal equal employment opportunity laws, it provides important insight into where the EEOC is likely to focus its enforcement resources. Employers should review the plan carefully and assess whether current workplace policies and practices may present heightened compliance risk.

Key Enforcement Priorities

• DEI-Related Employment Practices. The NEP identifies certain diversity, equity, and inclusion-related employment practices as potential priority matters when they involve race- or sex-based decision-making. Examples include quotas, “aspirational goals” that operate as proxies for quotas, diverse slate policies, diverse hiring panels, diversity statements, demographic data shared with managers or the public, evaluation rubrics that consider protected characteristics, and compensation tied to race-, sex-, or diversity-based goals.

• Intentional Discrimination. The EEOC states that it will prioritize disparate treatment theories, including pattern-or-practice cases. The NEP also states that the agency will eliminate the use of disparate impact theories in investigations “to the maximum degree possible” and will not commence, develop, or continue litigation advancing disparate impact claims.

• Job Postings, Recruiting, and Staffing Programs. The NEP flags job advertisements and recruiting practices that may exclude, discourage, or encourage applicants based on protected characteristics. This includes language tied to race, sex, national origin, “diverse candidates,” guest worker visa holders, or PERM applicants. Staffing agencies, fellowships, internships, and similar programs that exclude individuals based on protected characteristics are also identified as potential priority matters.

• Access to Opportunities and Benefits. The EEOC identifies access to workplace opportunities and benefits as another enforcement focus. This may include training, internships, fellowships, mentorship, sponsorship, apprenticeships, advancement opportunities, employer-sponsored groups or events, bonuses, fringe benefits, rewards, and other terms or privileges of employment where access is affected by protected characteristics.

• Accommodation Practices. Accommodation practices remain a priority area. The NEP identifies company-wide practices that may violate anti-discrimination laws, including mass denials of accommodations, as potential priority matters. The plan also identifies religious accommodation issues under Groff v. DeJoy and the scope of liability under the Pregnant Workers Fairness Act, as legal-development priorities.

• Harassment and Retaliation. Systemic harassment remains an EEOC priority. The NEP also emphasizes retaliation involving individuals who participate in EEOC proceedings or oppose unlawful employment discrimination, particularly where the scope of retaliation protection is at issue.

• Cases That Shape the Law. The EEOC indicates that it will prioritize cases involving recent Supreme Court precedent and unresolved statutory issues. These include DEI practices after the Ames, Muldrow, and Students for Fair Admissions decisions; voluntary affirmative action programs; the “some harm” standard from Muldrow; religious accommodations; the scope of Bostock; and liability under the Pregnant Workers Fairness Act.

• Vulnerable Workers. The NEP continues to include protections for vulnerable workers, including teenage workers, individuals with limited literacy or education, low-wage workers, survivors of sexual assault, and workers with developmental or intellectual disabilities.

• Nationwide Coordination. Employers should also expect a more nationally coordinated enforcement model. The EEOC states that it will coordinate among headquarters, field offices, the Office of Field Programs, and the Office of General Counsel. Priority matters may be reassigned, staffed across districts, or supported by headquarters personnel.

Recommended Next Steps for Employers

The NEP is a strong signal that employers should review employment practices that may present heightened compliance risk. To prepare, employers should consider taking the following steps:

• Review DEI-Related Programs. Evaluate DEI policies, goals, leadership metrics, hiring initiatives, mentorship programs, employee resource groups, and compensation incentives to ensure they do not require, permit, or incentivize employment decisions based on race, sex, or other protected characteristics.
• Evaluate Recruiting and Hiring Practices. Review job postings, career pages, recruiting materials, interview panels, candidate slates, evaluation rubrics, internships, fellowships, and staffing agency arrangements to confirm that selection criteria are job-related, consistently applied, and supported by legitimate business reasons.
• Assessing Access to Workplace Opportunities. Confirm that access to training, mentorship, sponsorship, advancement opportunities, bonuses, fringe benefits, employer-sponsored events, and other workplace benefits are not limited or influenced by protected characteristics and that managers are not evaluated or compensated for granting opportunities to members of specific demographic groups.
• Audit Accommodation Procedures. Review disability, pregnancy, and religious accommodation and leave practices to ensure requests are assessed individually and that managers understand their obligations under applicable law. Be cautious of blanket rules or automatic denials, such as requiring employees to be “100 percent healed” or return with “no restrictions” before resuming work, automatically denying modified schedules or telework, or requiring leave when another reasonable accommodation may allow the employee to continue working.
• Strengthen Harassment and Retaliation Prevention. Update policies and training to reinforce reporting procedures, prompt investigations, anti-retaliation protections, and manager responsibilities.
• Maintain Strong Documentation. Ensure that employment decisions are supported by accurate documentation, including interview notes, selection criteria, performance documents, accommodation records, complaint investigations, and corrective action records.

How HR Works Can Help

HR Works can assist employers with reviewing policies, hiring and promotion practices, accommodation procedures, harassment prevention efforts, and DEI-related programs for compliance with federal and state employment laws.

HR Works Resources

HR Works’ DEI Best Practices & Compliance Checklist for Employers is designed to help employers reassess existing DEI policies and practices, including hiring, promotion, and training programs, for potential compliance considerations. The resource provides employers with a practical starting point for evaluating whether DEI-related initiatives remain aligned with equal employment opportunity principles and current legal developments.

Current HR Works clients may contact their designated HR Consultant or the HR Helpline for assistance in reviewing workplace policies and related compliance considerations.

Non-HR Works clients may contact us for HR solutions by calling toll-free at 1-877-219-9062 or completing the contact us form on our website.