The Equal Employment Opportunity Commission (EEOC) recently issued its new enforcement plan for fiscal years 2025-2029. The document outlines the agency’s priorities and strategies for the covered period. It appears the EEOC will focus on enforcing against what it views as “illegal DEI” programs. A recent Jackson Lewis memo discusses the plan, summarizing its focus on DEI enforcement:
“The EEOC states that this priority includes scrutiny of policies, programs, or practices that employers label or frame as ‘diversity, equity, and inclusion’ initiatives. The Plan provides examples that may receive enforcement attention, including:
- Hiring and promotion practices;
- Internship and fellowship programs;
- Diversity hiring panels;
- Diversity statements;
- Race- or sex-based employment goals; and
- Other employment decisions that take race or sex into account.”
The memo notes that legal risks vary on a case-by-case basis under the EEOC’s view. Neutral efforts that promote DEI are less likely to present risks. Programs that create hiring, promotion, or leadership pipelines based on protected characteristics are more likely to draw enforcement actions. In addition to targeting DEI programs, the memo also states that the EEOC is abandoning disparate impact enforcement. Disparate impact liability allows plaintiffs to advance theories that are based on institutional inequity, rather than direct intentional discrimination.
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