Labor & Employment Developments Blog

The Equal Employment Opportunity Commission (EEOC) has eliminated any remaining uncertainty about its 2026 enforcement priorities regarding diversity, equity, and inclusion programs. In a December 18, 2025 interview with Reuters, EEOC Chair Andrea Lucas emphasized the EEOC’s position that workplace initiatives using race, sex, or other protected characteristics as “motivating factors” in employment decisions are unlawful under Title VII of the Civil Rights Act. Chair Lucas also clearly signaled that employers maintaining such initiatives can expect to be subject to investigations, enforcement actions, and litigation throughout 2026. This announcement is in furtherance of executive orders issued by President Trump and guidance released by the EEOC and the Department of Justice (DOJ) in 2025, which effectively outlawed the majority of DEI programs.

During the interview, Chair Lucas stated that the EEOC will focus enforcement efforts on “race-restricted programs or sex-restricted programs or other actions that involve overt distinctions between people based on race.” The Chair further cautioned employers against hiding behind using rebranded terminology to avoid the EEOC’s scrutiny, stating: “It doesn’t matter if you call [it] DEI or belonging or ‘EO’ or anything: If it functions like that, it’s illegal.” 

Consistent with that position, Chair Lucas announced that the EEOC intends to expand its enforcement efforts, including by reviewing archived web content to identify employers who have merely changed external DEI-related messaging without modifying internal practices. The EEOC will scrutinize programs involving employee resource groups, recruitment and hiring initiatives, and other employment-related decisions. The stated goal of these enforcement efforts is to “to shift to a conservative view of civil rights.”

Additionally, according to a report by the Wall Street Journal, the Trump administration has launched investigations into the use of diversity initiatives in hiring and promotion at major U.S. companies, including one multinational technology company and another telecommunications conglomerate. Based on the report, the DOJ issued document demands seeking information about workplace programs under the False Claims Act, a federal statute that allows the government to recover funds lost due to fraud.

Finally, Chair Lucas recently publicized the Trump Administration’s position on social media. In a recent video posted on X, she encouraged white male employees who believe they have been subject to discrimination to file complaints with the EEOC. In the post, she states: "Are you a white male who has experienced discrimination at work based on your race or sex? You may have a claim to recover money under federal civil rights laws. Contact the EEOC as soon as possible.” This appeal foreshadows the EEOC’s plan to pursue claims of “reverse discrimination” from members of “majority groups” resulting from illegal DEI programs.

KMK will continue to monitor enforcement developments closely. The KMK Labor and Employment group advises employers on DEI compliance and regularly represents employers in EEOC investigations and related litigation.