The U.S. Equal Employment Opportunity Commission’s (EEOC) return to quorum status is more than a procedural milestone; it marks an inflection point in federal civil rights enforcement strategy. Public remarks by Commissioner Kalpana Kotagal and Chair Andrea Lucas, together with agency budget justifications and recent policy signals, indicate a sharpened focus on systemic and pattern-or-practice litigation.

• With the EEOC’s quorum restored, employers can expect more high-profile investigations, broad data requests, and pattern-or-practice litigation targeting hiring, promotion, compensation, DEI programming, and accommodations.
• Employers may want to consider conducting adverse impact and pay studies to identify and remove barriers to equal employment opportunity.
• Employment decisions that are made based on objective job-related criteria buttressed by ample documentation will likely be strongest and most defensible; it therefore makes sense to invest in sound, well-calibrated equal employment opportunity training on these issues.

Recent developments at the EEOC aligned with the administration’s policy priorities suggest an acceleration of cases targeting diversity, equity, and inclusion (DEI) programs focused on race and sex, with a renewed prioritization of religious rights in the workplace. While commissioner charges (including leaked charges) abounded while the EEOC lacked a quorum and could not officially act, employers can anticipate an uptick in high-profile...

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