In January 2026, through a series of party-line votes, the U.S. Equal Employment Opportunity Commission (EEOC) continued its agency overhaul—revising internal voting procedures, restricting the general counsel’s litigation authority, and rescinding Biden-era harassment guidance.

The moves signal that agency scrutiny of diversity, equity, and inclusion (DEI) initiatives, together with a shift in enforcement priorities to the discrimination claims of majority-group plaintiffs, will continue to be among the EEOC’s top enforcement priorities, along with protecting religious freedom and protecting American workers from national origin discrimination.

Quick Hits

• The Republican majority on the Commission (currently composed of two Republican commissioners and one Democratic commissioner) voted to eliminate long-standing bipartisan procedures related to Commission policy decisions and meeting agendas/votes, while also requiring Commission approval for systemic cases and litigation involving fifteen or more employees.
• EEOC Chair Andrea Lucas has also publicly called for white male employees to file discrimination complaints and warned that DEI programs (regardless of what they are called) may be unlawful if they consider race or sex in employment decisions.
• Employers can expect more agency activities that further align the EEOC with the enforcement and policy priorities articulated by the current administration.

The EEOC’s latest changes, combined with the Trump administration’s...

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