How the EEOC Is Advancing Its New Enforcement Priorities

From Enforcement Priorities to Regulatory Action

The EEOC’s National Enforcement Plan establishes the agency’s enforcement priorities for fiscal years 2025 through 2029. Several pending initiatives in the agency’s regulatory agenda reflect the same direction, providing employers with additional insight into how the EEOC may revise its existing rules and guidance.

The proposed regulatory agenda contains 10 pending initiatives, including several that closely correspond with themes in the NEP:

• Intentional discrimination and DEI-related practices. The NEP prioritizes intentional discrimination and identifies certain race- or sex-conscious DEI practices as potential enforcement matters. The regulatory agenda includes the rescission of the EEOC’s 1979 affirmative action guidelines, which the agency states are inconsistent with subsequent case law and legal developments.

• Selection procedures and demographic data. Consistent with the NEP’s reduced emphasis on disparate impact theories, the regulatory agenda includes proposed changes to the Uniform Guidelines on Employee Selection Procedures, related recordkeeping requirements, and EEO reporting obligations. These proposals are discussed in greater detail in our separate post on why employers should continue collecting demographic data.

• Sex discrimination and pregnancy accommodations. The NEP identifies sex-related workplace issues and the scope of employer liability under the Pregnant Workers Fairness Act as legal-development priorities. The agenda includes proposed revisions to the PWFA regulations, particularly the interpretation of “pregnancy, childbirth, or related medical conditions,” as well as the rescission of an appendix to the Guidelines on Discrimination Because of Sex that the EEOC considers outdated following enactment of the PWFA.

• National origin discrimination. The NEP identifies recruiting and hiring practices that may favor or exclude applicants based on national origin, including certain practices involving guest-worker visa holders and PERM applicants. The agenda also calls for rescinding the EEOC’s national origin guidelines, including provisions addressing English-only workplace rules. This suggests that national origin discrimination will remain an enforcement concern even as the agency reconsiders the interpretive framework applied to those claims.

Together, the NEP and regulatory agenda indicate a broader shift toward intentional discrimination enforcement, individualized employment decisions, and reconsideration of older EEOC guidance. For a more detailed discussion of the EEOC’s current enforcement priorities read our prior post.

Recommended Next Steps for Employers

The regulatory agenda identifies planned actions; it does not, by itself, rescind existing rules or change current compliance requirements. If finalized, however, some of the proposed actions could revise or eliminate existing obligations.

Employers should review DEI, recruiting, accommodation, harassment, and retaliation practices; confirm that employment decisions are individualized and consistently documented; and monitor EEOC enforcement and rulemaking developments. Employers should also continue complying with current requirements and consult legal counsel before making significant changes to established compliance practices.

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.

How HR Works Can Help

For employers seeking additional support, HR Works provides workforce analytics including disparate impact analyses, bias testing, DEI risk assessments, pay equity analysis, recruiting process reviews, and more. Contact us to learn more about our services.