7 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP they are carried out in a way that may result in discrimination against certain groups of individuals, often pursuant to a disparate impact theory of liability. This approach changed with the signing of Executive Order 14281, which directs all federal agencies to deprioritize enforcement of claims predicated on a disparate impact theory of liability. Indeed, the Executive Order declares, “It is the policy of the United States to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible,” in a dramatic shift away from a key theory the EEOC relied on historically to attack recruiting and hiring issues.11 In a May 20, 2025 press release, Chair Lucas stated that the EEOC will not pursue investigations or litigation that challenge neutral practices that have unequal outcomes based on protected characteristics pursuant to EO 14281.12 This removes a significant tool from the EEOC’s arsenal. The EEOC has also in the SEP called out “continued underrepresentation” of women and workers of color in certain industries, naming construction and manufacturing, high tech, STEM, and finance in particular, and indicated its intent to monitor those benefiting from substantial federal investment. This approach by the agency also is likely to end, as it disclaims the notion that discrimination can be determined by looking at group outcomes. Protecting Vulnerable Workers from Underserved Communities. The second strategic enforcement priority is aimed at combatting policies and practices that impact “particularly vulnerable workers.” For purposes of the SEP, the EEOC has traditionally viewed “vulnerable workers” as those who may be unaware of their rights under equal employment opportunity laws, or reluctant or unable to exercise those rights. The EEOC’s FY 2024-2028 SEP, in a change from prior versions of the SEP, called out 11 different categories of vulnerable workers: 11 Exec. Order No. 14281, Restoring Equality of Opportunity and Meritocracy, 90 FR 17537 (2025). 12 Message from EEOC Acting Chair Lucas about Opening of 2024 EEO-1 Component Data Collection, (May 20, 2025), https://content.govdelivery.com/ accounts/USEEOC/bulletins/3e1407f. 13 EEOC Chair Andrea Lucas (X, Dec. 17, 2025), x.com/andrealucaseeoc/status/2001439099907961012?s=46; (LinkedIn, Dec. 17, 2025), https://www.linkedin.com/posts/andrea-lucas-a5b27513_eeoc-eeo-dei-activity-7407229146071793664-xjBF?utm_source=share&utm_ medium=member_desktop&rcm=ACoAAAF-8VABEzz0MbGPND0fxustjLgniQTy4BE; • immigrant and migrant workers; • individuals employed in low wage jobs and/or their first jobs, including teenage workers; • individuals with arrest or conviction records; • LGBTQI+ individuals; • Native Americans/Alaska Natives; • older workers; • people with developmental or intellectual disabilities; • people with mental health related disabilities; • persons with limited literacy or English proficiency; • temporary workers; and • survivors of gender-based violence. Importantly, under the Trump administration, there has been a shift away from some of these categories, with the most notable examples being LGBTQI+ individuals and immigrant and migrant workers. For example, the EEOC withdrew from pending litigation it had filed on behalf of individuals with claims based on gender identity, a topic that is discussed in more detail in Section A.9. Likewise, announcements and enforcement actions over the past year have instead decried discrimination against those of U.S. national origin where employers are said to favor foreign workers. Notably, on December 17, 2025, Chair Lucas posted a video on social media sites stating that white males who have experienced discrimination at work based on their race or sex “may have a claim to recover money under federal civil rights laws” and inviting them to contact the agency “as soon as possible.”13 These changes are discussed in more detail in Section C.
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