The US Equal Employment Opportunity Commission is scheduled to vote on 4 June on whether to replace the Biden administration’s 2024–2028 Strategic Enforcement Plan with a new national enforcement framework. The decision marks the latest step in a broader shift at the agency since the start of the second Trump administration. If the vote passes, the new framework will set the direction for how the EEOC investigates and litigates workplace bias cases for the next several years.
Under Chair Andrea Lucas, the EEOC has already moved away from several Biden-era policies. The Commission has adopted President Donald Trump’s stance on diversity, equity and inclusion, withdrawn 2024 guidance on workplace harassment, and reduced its use of disparate impact liability in enforcement actions. Those changes signal a narrower approach to how the agency interprets and applies civil rights protections in the workplace.
The current Strategic Enforcement Plan lists six priorities, including safeguards for “vulnerable and underserved” groups such as immigrant workers, people with certain disabilities, and LGBTQ+ employees. Legal analysts expect the EEOC to continue prioritising claims involving disability, religion, and race discrimination, but with different emphasis and tools. The rollback of disparate impact enforcement could mean fewer systemic cases brought on behalf of large groups of workers, shifting more focus to individual complaints.
With a 2–1 Republican majority, the Commission is expected to act quickly to align its enforcement agenda with the administration’s priorities. Experts say the replacement plan will likely narrow the scope of investigations and place greater weight on direct evidence of intentional discrimination.