©2026 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2026 EDITION | 88 likely to seek the agency’s assistance to cautionary guidance on unlawful DEI programs.143 In a May 2025 press release, the EEOC outlined its priorities under current Chair Andrea Lucas, emphasizing a vigorous campaign against workplace discrimination and harassment. The agency highlighted efforts to address DEI-related race and sex discrimination, religious bias—including antisemitism and anti-Christian bias—and national origin discrimination. Over the first 120 days of the second Trump administration, the EEOC has focused on mobilizing resources with federal partners like the DOJ to enforce civil rights laws in employment.144 The press releases also serve as a showcase for the agency’s achievements in addressing discriminatory conduct within the employment sector. For instance, the same press release details a comprehensive list of actions the agency has taken in alignment with President Trump’s executive directives and policy priorities.145 The tone of the press release addressing unlawful DEI programs closely mirrors the EEOC Chair’s declaration: “Under my leadership, the EEOC is committed to dismantling identity politics that have plagued our employment civil rights laws, by dispelling the notion that only the ‘right sort of’ plaintiff is protected by Title VII.” 146 The press release emphasizes that regardless of an employer’s well-intended DEI initiatives, the Commission firmly opposes any employment action predicated on protected characteristics. To further support compliance and enforcement, the press release provides a direct link to a technical assistance resource, guiding individuals through the proper procedures for filing complaints related to unlawful DEI practices. In addition, the EEOC has taken a more assertive step this year by launching a whistleblower program. As part of its ongoing effort to curb unlawful DEI practices, the Commission issued a press release announcing that it had sent letters to 20 law firms requesting detailed information about their DEI-related employment policies.147 The release—stern and unmistakably cautionary in tone—not only unveiled the whistleblower initiative, encouraging individuals to anonymously report practices that may violate EEOC guidance, but also publicly named the firms involved, signaling strong pressure for compliance and reinforcing the agency’s commitment to rigorous enforcement. The EEOC has utilized press releases to underscore Chair Lucas’ commitment to addressing anti-American national origin discrimination. In her statement, she emphasized: “Many employers maintain policies and practices that favor illegal aliens, migrant workers, and visa holders—or other legal immigrants—over American workers, in direct violation of federal employment laws prohibiting national origin discrimination. Cracking down on this unlawful practice will realign employer incentives, reduce demand for illegal labor, and curb exploitation of the United States’ legal immigration system.” 148 The press release further references 143 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, REACH Initiative Reports on Engagement with Underserved Communities (Oct. 17, 2024), https://www.eeoc.gov/newsroom/reach-initiative-reports-engagement-underserved-communities; Press Release, U.S. Equal Employment Opportunity Commission, EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination (Mar. 9, 2025), https:// www.eeoc.gov/newsroom/eeoc-and-justice-department-warn-against-unlawful-dei-related-discrimination. 144 Press Release, U.S. Equal Employment Opportunity Commission, EEOC Delivers Historic Results for American Workers in First 120 Days (May 22, 2025), https://www.eeoc.gov/newsroom/eeoc-delivers-historic-results-american-workers-first-120-days. 145 Id. 146 U.S. Equal Employment Opportunity Commission, Statement from EEOC Acting Chair Andrea Lucas Celebrating the Supreme Court’s Unanimous Ruling in Ames Restoring Evenhanded Application of Title VII, https://www.eeoc.gov/wysk/statement-eeoc-acting-chair-andrea-lucas-celebratingsupreme-courts-unanimous-ruling-ames#:~:text=Under%20my%20leadership%2C%20the%20EEOC,is%20protected%20by%20Title%20VII./. 147 Letter from Andrea Lucas, Acting Chair, EEOC, to Perkins Coie LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Cooley LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Reed Smith LLP (Mar 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to A&O Shearman (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Debevoise & Plimpton LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Freshfields Bruckhaus Deringer LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Goodwin Procter LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Hogan Lovells LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Kirkland & Ellis LLP (Mar. 17, 2025), Letter from Andrea Lucas, Acting Chair, EEOC, to Latham and Watkins LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to McDermott Will & Emery (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Milbank LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Morgan, Lewis & Bockius LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Morrison and Foerster LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Ropes & Gray LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Sidley Austin LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Simpson Thatcher & Bartlett LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to Skadden, Arps, Slate, Meagher & Flom LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to White & Case LLP (Mar. 17, 2025); Letter from Andrea Lucas, Acting Chair, EEOC, to WilmerHale; https://www.eeoc.gov/sites/default/files/2025-03/Law_Firm_Letters_-_03.17.2025.pdf?utm_content=&utm_medium=email&utm_ name=&utm_source=govdelivery&utm_term=/. 148 Press Release, U.S. Equal Employment Opportunity Commission, EEOC Acting Chair Vows to Protect American Workers from Anti-American Bias (Feb. 19, 2025), https://www.eeoc.gov/newsroom/eeoc-acting-chair-vows-protect-american-workers-anti-american-bias.
RkJQdWJsaXNoZXIy OTkwMTQ4