Compliance

The agency said it will prioritize cases involving DEI practices it deems illegal, as well as shift away from disparate impact claims.

The Equal Employment Opportunity Commission (EEOC) recently approved a new National Enforcement Plan, rescinding and replacing a previous version that was adopted by President Joe Biden’s administration.

The document identifies priorities “to guide all aspects of the EEOC’s work to prevent and remedy unlawful employment discrimination.” Among them are certain employment practices related to DEI, as well as a shift away from using disparate impact theories in enforcement matters.

What the EEOC is prioritizing. The agency said it will scrutinize policies or programs labeled as DEI, which it alleges can lead to “intentional discrimination” in areas such as hiring, layoffs, fringe benefits, or pay. Examples of practices the EEOC said it may look into under this plan include:

• The use of “race- or sex-based quotas” in employment actions such as interviewing, hiring, layoffs, or promotions
• Limiting access to opportunities such as on-the-job training, internships, mentorship, employer-sponsored groups or events, or fringe benefits
• Diverse slate policies
• Diverse hiring panel policies
• Requiring candidates to submit diversity statements
• Tying compensation to “employee race- or sex-based demographic goals or other diversity goals”
• Sharing employee race or sex data with non-HR staff or legal representatives

Additionally, the EEOC signaled...

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