Major Shifts in EEOC Enforcement Expected to Continue in the New Year

The start of the second Trump Administration in January 2025 touched off numerous changes in how the Equal Employment Opportunity Commission (EEOC) operates. Now, as 2026 approaches, employment law experts are anticipating that the shift in priorities will have a significant effect on the enforcement of anti-discrimination laws. 

One major EEOC decision from 2025 was its retreat from disparate-impact discrimination claims. Lawsuits alleging widespread bias at large companies have often been based on statistics regarding hiring and promotion among certain groups, rather than a detailed analysis of individual cases. Employees who believe that they’ve been treated unfairly due to their race, sex, age, religion or other legally protected characteristic might be compelled to identify evidence of intentional discrimination in order to obtain relief. 

Another high-profile administration initiative seeks to root out Diversity, Equity and Inclusion (DEI) efforts within American workplaces. Accordingly, there might be a heavier focus on “reverse discrimination” matters where a claimant alleges that they suffered on the job because they do not belong to a traditionally underrepresented group. Guidance from the federal government casts serious doubt on the legality of hiring, promotion, mentorship and scholarship programs that appear to prefer candidates based on protected characteristics. 

Interpretation of employees’ religious rights has changed significantly over the past few years. Following the Supreme Court’s 2023 decision in Groff v. DeJoy, employers must accommodate employee religious practices unless they can show “substantial increased costs” relative to their business. A de minimis effect, such as the need to reschedule worker shifts, likely will not overcome an employee’s right to participate in a religious observance. This legal development could also expand the types of job tasks that a worker can refuse to perform based on their faith principles. 

Businesses and their employees should be aware of how the EEOC is interpreting and enforcing antidiscrimination laws at any given time. Speaking with an attorney who focuses on these issues will give you a thorough understanding of the current priorities so you don’t make crucial mistakes based on outdated assumptions. 

Kardell Law Group handles a full range of employment discrimination matters and provides strong advocacy for clients in EEOC claims involving allegations of workplace bias. Please call or contact us online to discuss your legal needs.