By: Philip Giorlando
In June 2026, the U.S. Equal Employment Opportunity Commission (EEOC) announced significant changes to its enforcement priorities and rescinded certain long-standing guidance regarding voluntary affirmative action under Title VII. While these actions do not change the underlying federal anti-discrimination laws, they do signal where the EEOC intends to focus its investigations and enforcement efforts.
Among other priorities, the EEOC has indicated it will place greater emphasis on investigating claims of intentional discrimination and will closely scrutinize employment decisions that appear to grant preferences based on protected characteristics such as race or sex.
Action Steps for Employers
Employers should take this opportunity to:
- Have their hiring, promotion, internship, and mentorship decisions reviewed to ensure they are based on objective, job-related criteria.
- Avoid making employment decisions that give preference or disadvantage employees because of a protected characteristic, even if well-intentioned.
- Ensure interview questions, candidate evaluations, and promotion recommendations are consistently documented.
- Consult legal counsel before implementing or modifying diversity, mentorship, recruiting, or internship initiatives that consider protected characteristics.
- Continue to report complaints of discrimination or retaliation promptly and follow established investigation procedures.
The June 2026 EEOC actions do not eliminate employers’ obligations under Title VII or other federal anti-discrimination laws. Instead, they underscore the importance of making employment decisions based on individual qualifications, maintaining consistent documentation, and seeking legal guidance when evaluating workplace policies or programs that could present discrimination risks.
bswlaborandemploymentlaw.com 