EEOC Releases Strategic Plan, Shifts Enforcement Focus

The US Equal Employment Opportunity Commission (EEOC) has published its strategic plan for fiscal years 2026-2030, aligning its operational goals with its recently issued National Enforcement Plan (NEP). The new plan directs the agency to focus its resources on stated NEP priorities, such as certain DEI initiatives, religious accommodation, protections for vulnerable workers, systemic harassment, and the Pregnant Workers Fairness Act. In a significant policy shift, the plan also states the EEOC will no longer pursue litigation based on disparate impact claims, instead prioritizing matters involving intentional discrimination. For sophisticated employers, this signals a change in the agency's enforcement risk profile, particularly for broad-based employment policies. The plan also sets a high bar for resolutions, with a goal that 97% of conciliation agreements contain non-monetary relief like mandatory training, policy revisions, and external monitoring. Systemic investigations will now be prioritized for cases affecting at least 10 employees. Counsel should review current employment practices against the NEP priorities and prepare for more exacting settlement demands from the agency.