25 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP of discrimination on behalf of Black, American workers, alleging that the employer gave preference in assignments and pay to non-Black, non-American workers authorized to work under H-2A (agricultural work) visas.54 These actions demonstrate the EEOC’s policy shift. To further this initiative, the EEOC published a fact sheet titled “Discrimination Against American Workers Is Against the Law” and updated its national origin discrimination resources.55 The guidance highlights high-risk practices such as job postings stating “H-1B preferred,” disparate treatment in hiring or compensation, and retaliation against individuals opposing such discrimination. Importantly, the EEOC warns that employers cannot justify these practices based on client preferences, cost considerations, or assumptions about work ethic. This shift in enforcement priorities will likely see implications for employers in industries with historically large immigrant workforces such as agriculture, construction, healthcare, hospitality, and food service. D. Religious Discrimination Under the leadership of Chair Andrea Lucas, the EEOC has made the elimination of religious discrimination a priority. The agency has taken a firm position against antisemitism and what it calls “Anti-Christian Bias”, focusing on the treatment of Jews and Christian across the nation. The EEOC has also taken steps to ensure that employers follow the heightened Groff standard when evaluating accommodation requests, taking action against employers who have not shown they would face substantially increased costs. In its August 22, 2025 publication “200 Days of EEOC Action to Protect Religious Freedom at Work” 56, the EEOC “reaffirmed its commitment to enforcing Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on religion” and highlighted the following enforcement actions as examples of the agency’s work in this area. • COVID-19 Vaccine Mandates: The EEOC focused enforcement on employers for not providing religious accommodations to pandemic era vaccine mandates. These efforts resulted in obtaining over $55 million on behalf of workers, including a $1 million settlement with Mercyhealth and conciliations with major employers such as Mayo Clinic and Silver Cross Hospital. Remedies included reinstatement offers and mandatory Title VII training for HR personnel. • Broader Religious Accommodation Cases: The Commission reached settlements of claims involving Sabbath observance, religious dress, and prayer practices. Notable settlements include $850,000 with The Venetian Resort for denial of religious accommodations and retaliation against employees of various faiths as well as injunctive relief; $61,000 with The Teeth Doctors for terminating an employee over a request to wear a scrub skirt for religious reasons; and $217,500 with Logic Staffing for failure to hire a Muslim applicant who had asked for an accommodation to attend Friday prayer. EEOC litigation has increasingly targeted retaliatory practices and discriminatory terminations linked to faith-based requests. Chair Lucas has prioritized enforcement against higher education institutions – in particular on the campuses of universities and colleges – for compliance, investigations, and litigation to address concerns of religious bias and harassment. 54 See EEOC Press Release, Seward and Son to Pay $150,000 in EEOC Race and National Origin Discrimination Lawsuit, https://www.eeoc.gov/ newsroom/seward-and-son-pay-150000-eeoc-race-and-national-origin-discrimination-lawsuit 55 See EEOC Fact Sheet, Discrimination Against American Workers Is Against the Law, https://www.eeoc.gov/discrimination-against-americanworkers-against-law 56 https://www.eeoc.gov/newsroom/200-days-eeoc-action-protect-religious-freedom-work
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