©2026 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2026 EDITION | i Dear Clients and Friends, Seyfarth Shaw is once again pleased to provide you with the latest edition of our annual analysis of trends and developments in Equal Employment Opportunity Commission litigation, EEOC-Initiated Litigation: 2026 Edition. This desk reference compiles, analyzes, and categorizes the major case filings and decisions involving the EEOC in 2025 and recaps the major policy and political changes we observed in the past year. The changes of the past year are the most dramatic we have witnessed in our years of following the EEOC, and we have included our observations and predictions for 2026 throughout this reference. Our goal is to guide our readers through all aspects of EEOC-initiated action, and to empower corporate counsel, human resources professionals, and operations teams to make sound and informed legal and business decisions. We hope that you find this report useful. And there is so much to explore. The second Trump administration began with a major leadership shake-up. Commissioner Andrea Lucas was elevated to the role of Acting Chair (and eventually Chair); Democratic appointees Charlotte Burrows and Jocelyn Samuels were terminated from their Commissioner positions; and General Counsel Karla Gilbride was also terminated. As a result, the agency lacked the quorum needed to exercise many of its powers until late in the calendar year when a new Commissioner was confirmed. Before the quorum was restored, Chair Lucas used the power of the bully pulpit to announce new directions in line with the administration’s priorities and modified administrative procedures to affect how charges are handled. The EEOC also was impacted by budget changes and the lengthy federal government shutdown. What these developments mean for employers will be discussed in detail herein. Part I of this reference introduces the key players in the EEOC, and how their unique views on employment and societal issues will shape real-world application of EEO statutes. Part II is an in-depth review of the EEOC’s evolving strategic priorities. This includes a fascinating overview of the agency’s changed perspective on charges related to DEI policies, gender identity, American national origin discrimination, and religious discrimination and accommodation, among a host of other topics. Back by popular demand, Part III includes a detailed profile of each EEOC District. Practitioners who work with and litigate against the EEOC quickly appreciate that each District has a unique personality and often differing substantive focus areas. It is all about location, location, location. Part IV paints the EEOC by the numbers: an empirical analysis of how the EEOC actually targeted employment issues in 2025, and how those trends will translate to activity in 2026. Part V is a deeper dive into how the EEOC has addressed particular industries, identifying which sectors tend to land in the EEOC’s crosshairs most often, why, and for which issues. Part VI explores the various ways EEOC actions are resolved, from confidential conciliation to Court-ordered Consent Decrees. Finally, Part VII provides related guidance concerning how the EEOC leverages the media at various stages in a case. A special thanks to the team of talented lawyers and professionals who made this publication possible with tireless efforts throughout the year. This book is meant to be the start of a conversation, and we are standing by to address any further questions or issues our readers wish to share. Christopher J. DeGroff (Editor) Andrew L. Scroggins (Editor)
RkJQdWJsaXNoZXIy OTkwMTQ4