23 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP 3. Subpoena Enforcement Action In FY 2025, the EEOC also filed its first PWFA subpoena enforcement action. In EEOC v. R&L Carriers Shared Services, LLC, No. No. 1:25-cv-00528, filed in the Northern District of Illinois on January 16, 2025, the EEOC filed suit to enforce a subpoena the agency issued as part of an investigation into an alleged violation of the Pregnant Workers Fairness Act. The EEOC alleged that that employer discriminated against the employee based on her sex, failed to reasonably accommodate her pregnancy-related restrictions, and placed the employee on involuntary unpaid leave. Under the subpoena, EEOC sought to collect information on employees who worked at the same location as the employee in question and on other drivers in Illinois, Wisconsin, Minnesota, Iowa, South Dakota and North Dakota who requested accommodations for pregnancy-related restrictions. After the EEOC filed the subpoena enforcement action, the employer withdrew the objections to the subpoena and agreed to voluntarily produce the requested information The EEOC moved to voluntarily dismiss the lawsuit on March 7, 2025. As noted above, the EEOC’s enforcement of pregnancy-related issues increased in FY 2025. The Commission remains focused on vigorously enforcing pregnancy discrimination laws in the workplace. Employer’s should ensure they have thorough pregnancy-related discrimination and accommodations policies, including a strong practice for documenting the interactive process under the PWFA C. Changing Enforcement Priorities To Protect Workers Against Discrimination The EEOC enforces Title VII of the Civil Rights Act of 1964 and its prohibition on discrimination in the workplace based on protected characteristics such as sex and race. Historically, these enforcement efforts focused on protecting minority populations that possessed or were perceived to have immutable characteristics and targeted for discrimination in the workplace as a result. Under the leadership of Chair Lucas, the EEOC has altered this enforcement framework by targeting employers for discrimination for maintaining and supporting Diversity, Equity and Inclusion (DEI)-related programs that on their face were intended to support minority populations. Now, the EEOC may take enforcement action against an employer initiative, policy, program, or practice if it unlawfully involves taking an employment action motivated—in whole or in part—by race, sex, or another protected characteristic. Indeed, as of January 2026, the landing page for EEOC.gov opens with a large banner stating “DEI Discrimination: What To Do If You Experience It,” with a prominent link to “Learn More” about DEI- related discrimination that takes the reader to the aforementioned EEOC fact sheet “What to Do if you Experience Discrimination Related to DEI at Work.” 50 To assist employers with this change, the EEOC provided technical assistance clarifying its position regarding certain specific DEI practices such as having diverse interview slates that may require minimum representation of candidates from specific demographic groups in their interview pools, such as the National Football League’s Rooney Rule requiring teams to interview at least one minority candidate for a head coach position. Another practice highlighted by the EEOC as possible unlawful DEI-related discrimination are Employee Resource Groups or employee affinity groups that may limit membership to certain protected groups. In early 2025, a number of the country’s largest law firms became the first well-publicized target of the EEOC’s reworked enforcement with respect to DEI-related discrimination. Soon after President Trump issued Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” 51 then-Acting Chair Lucas sent letters to 20 law firms to request information about their DEI-related employment practices and later proclaimed, “The EEOC is prepared to root out discrimination anywhere it may rear its head, including in our nation’s elite law firms.” What is clear is that the Lucas-led EEOC rejects the concept of reverse discrimination; there is “only discrimination.” 50 https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-work 51 Exec. Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government,” 90 FR 7009 (2025).
RkJQdWJsaXNoZXIy OTkwMTQ4