89 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP a documented track record of findings that reveal patterns of anti-American bias, signaling that the EEOC intends to actively investigate and prosecute allegations of this nature. This focus on combating “illegal immigration” closely mirrors the current administration’s broader stance on immigration policy. Although the EEOC—while operating without a quorum—lacked authority to rescind or revise guidance documents, it strategically used press releases to acknowledge prior guidance now in conflict with a federal court ruling. For instance, on May 15, 2025, a Texas federal court struck down portions of the EEOC’s 2024 harassment guidance that broadened the definition of “sex,” declaring those sections unlawful and vacating them nationwide.149 Through its press release, the agency both informed employers of the updated legal landscape and clarified the limits of its own authority in the absence of a quorum. The press release also underscored Lucas’s position, noting her outspoken opposition to aspects of the EEOC’s harassment guidance that interpret Title VII as covering situations such as denying access to sex-segregated facilities aligned with an individual’s gender identity, or repeatedly and deliberately using names or pronouns inconsistent with that identity. In another press release, the agency explicitly affirmed its commitment to defending “the biological and binary reality of sex and related rights, including women’s access to single-sex spaces in the workplace.” 150 It also detailed concrete steps taken to align with this priority: removing the agency’s pronoun application, discontinuing the use of the “X” gender marker during discrimination charge intake, eliminating materials promoting gender ideology from internal and external platforms, and withdrawing lawsuits alleging discrimination based on gender identity. The concise and direct nature of these announcements underscores that the EEOC’s actions are being carried out pursuant to executive orders and reflect the administration’s previously stated priorities. Last year, the EEOC published a comprehensive summary of its Fiscal Year 2024 litigation activity, offering valuable insight into the agency’s commitments and objectives.151 The report detailed which statutes were most frequently litigated, the number of systemic cases addressing patterns or practices of discrimination, and the EEOC’s strategic emphasis on geographic diversity in filing suits. This year, however, no comparable report has been issued yet—likely reflecting a significant decline in activity while the agency lacked a quorum for much of FY 2025. Emerging Issues With Media Exposure. As the Commission media strategy has evolved, it has made continued efforts to increase its audience and distribution of these statements for maximum effect. The EEOC has also been known to conduct press conferences announcing a new suit 152 or trumpeting an EEOC victory.153 But now the EEOC also publishes many of its media statements on social media, such as Twitter. It has also taken to issuing relevant media statements in multiple languages depending upon the employees and employer at issue.154 For as long as the EEOC places a priority on publicity, it will no doubt continue to search for new ways to increase their audience. 149 Press Release, U.S. Equal Employment Opportunity Commission, Federal Court Vacates Portions of EEOC Harassment Guidance (May 20, 2025), https://www.eeoc.gov/newsroom/federal-court-vacates-portions-eeoc-harassment-guidance. 150 Press Release, U.S. Equal Employment Opportunity Commission, Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace (Jan. 28, 2025), https://www.eeoc.gov/newsroom/removing-gender-ideology-and-restoring-eeocs-role-protecting-women-workplace. 151 Press Release, U.S. Equal Employment Opportunity Commission, Fiscal Year 2024 EEOC Litigation Focuses on Emerging Issues and Underserved, Vulnerable Populations (Oct. 9, 2024), https://www.eeoc.gov/newsroom/fiscal-year-2024-eeoc-litigation-focuses-emerging-issues-and-underservedvulnerable. 152 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, EEOC TO ANNOUNCE FILING OF DISABILITY LAWSUIT (May 22, 1996), https://www.eeoc.gov/newsroom/eeoc-announce-filing-disability-lawsuit. 153 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, ABM Industries Settlement Press Conference, https://www.eeoc.gov/ abm-industries-settlement-press-conference. 154 See, e.g., Press Release, U.S. Equal Employment Opportunity Commission, GE Oil & Gas Pagará $5,300 Por Desacato En Citación De La EEOC En El Cumplimiento De Acción (Feb. 19, 2015), https://www.eeoc.gov/newsroom/ge-oil-gas-pagara-5300-por-desacato-en-citacion-de-la-eeoc-en-elcumplimiento-de-accion; Press Release, U.S. Equal Employment Opportunity Commission, Wal-Mart Pagará $150,000 Para Resolver Demanda Por Discriminación a Base De Edad Y La Discapacidad Por la EEOC (Feb. 19, 2015), https://www.eeoc.gov/newsroom/wal-mart-pagara-150000-pararesolver-demanda-por-discriminacion-base-de-edad-y-la; Press Release, U.S. Equal Employment Opportunity Commission, EZEFLOW USA, Inc. Pagará $65,000 Para Resolver Demanda por Discriminación A Base De Discapacidad Por La EEOC (Jan. 9, 2015), https://www.eeoc.gov/newsroom/ ezeflow-usa-inc-pagara-65000-para-resolver-demanda-por-discriminacion-base-de-discapacidad.
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