©2026 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2026 EDITION | 24 1. Ames Decision On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, in which the Court held that “majority-group” plaintiffs are not subject to a heightened burden when alleging discrimination. In Ames, the Court struck down the Sixth Circuit’s “background circumstances” requirement and reaffirming that Title VII’s protections apply equally to all individuals regardless of “majority” or “minority” status. The case arose after the heterosexual plaintiff claimed she was passed over for promotion and later demoted in favor of two openly gay candidates. Lower courts applied a heightened prima facie standard and granted summary judgment against the plaintiff, but the Supreme Court reversed, holding that the McDonnell Douglas framework applies uniformly to all Title VII plaintiffs. Justice Jackson’s opinion emphasized the statute’s group-neutral language, while a concurrence by Justice Thomas, joined by Justice Gorsuch, warned that corporate diversity programs and DEI initiatives can constitute actionable discrimination if they disadvantage “majoritygroup” employees. Following the decision, then-EEOC Acting Chair Lucas issued a statement celebrating the ruling as restoring evenhanded application of Title VII. Lucas underscored that the EEOC has long maintained a neutral, group-blind enforcement posture and signaled that the decision removes any perceived shield for employers implementing DEI programs that result in race- or sex-based decision-making. The EEOC filed an amicus brief in Ames and, earlier in 2025, issued joint guidance with the Department of Justice on unlawful DEI practices, following information requests sent to major law firms. Looking ahead to 2026, employers should anticipate increased EEOC scrutiny of DEI-driven employment practices, particularly those that create quotas or preferential treatment, as well as heightened enforcement around religious accommodation disputes involving pronoun usage, observance, and attire. With the agency poised to pursue systemic investigations, employers should proactively review diversity programs for race and sex neutral language, document legitimate business justifications for inclusion efforts, and strengthen religious accommodation protocols. The Ames decision signals a new era of enforcement where DEI initiatives will face rigorous examination under Title VII’s group-neutral mandate, and employers that fail to adapt may face significant litigation risk. 2. National Origin Discrimination To Protect American Workers Historically, the EEOC’s enforcement priorities focused on protecting vulnerable populations, such as immigrant workers from discrimination. These efforts reflected a longstanding commitment to addressing barriers faced by minority groups in the workplace. In a notable policy shift, the EEOC, under Chair Lucas, announced a new emphasis on unlawful employment practices that favor non-American workers over American workers.52 This change aims to address national origin discrimination and anti-American bias. Recent enforcement actions illustrate the agency’s current priority to target practices that disadvantage American workers. In FY 2025, the agency filed only two national origin discrimination lawsuits, and both actions involved allegations of discrimination against American workers. In contrast, the EEOC filed five national origin cases in FY 2024, none of which addressed antiAmerican bias. This year, the EEOC secured a $1.4 million settlement with LeoPalace Guam Corporation after allegations that American nationals received less favorable wages and benefits compared to Japanese employees in similar roles.53 In the other national origin discrimination case, the EEOC asserted claims 52 See EEOC Press Release, EEOC Acting Chair Vows to Protect American Workers from Anti-American Bias, https://www.eeoc.gov/newsroom/eeocacting-chair-vows-protect-american-workers-anti-american-bias 53 See EEOC Press Release, LeoPalace Resort to Pay Over $1.4 Million in EEOC National Origin Discrimination Lawsuit, https://www.eeoc.gov/ newsroom/leopalace-resort-pay-over-14-million-eeoc-national-origin-discrimination-lawsuit
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