Title VII: The National Enforcement Plan changes what gets investigated

Employment compliance officers received the clearest signal of the year on June 4. The EEOC released its National Enforcement Plan, outlining the agency’s substantive priorities for anti-discrimination enforcement, investigation, and litigation, rescinding the prior Strategic Enforcement Plan approved in 2023 and remaining in place through 2029. Three elements matter for institutions.

One: DEI programs are a named priority. The plan identifies race- and sex-based discrimination tied to diversity, equity, and inclusion initiatives among its key enforcement priorities, and this is not theoretical. In February 2026, the EEOC filed a Title VII lawsuit alleging that a professional development opportunity restricted to female employees constituted sex discrimination.

Two: disparate impact is deprioritized. The plan states the EEOC will no longer commence or pursue litigation advancing disparate impact claims, rechanneling enforcement resources toward intentional discrimination.

Three: the guidance floor shifted. On June 30, 2026, the EEOC voted to rescind two longstanding policy documents governing voluntary affirmative action under Title VII, removing the administrative framework employers relied upon to evaluate diversity programs.

For institutions, the review is straightforward to describe and demanding to execute: inventory every program, fellowship, mentoring track, and hiring initiative that considers a protected characteristic, and evaluate each against Title VII with counsel. Note also that retaliation is identified as a standalone enforcement priority, meaning employers who take adverse action against employees involved in EEOC proceedings face heightened scrutiny. Process discipline protects you here as much as program design.

Trust, operationalized.