EEOC Reclaims Enforcement Authority, Raising Risks for Employers

New rules give the commission more power to fast-track litigation aligned with administration priorities

Published on Feb. 12, 2026

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The U.S. Equal Employment Opportunity Commission (EEOC) has voted to reclaim authority over most enforcement litigation from its Office of General Counsel, reversing decades of delegation. This procedural shift may enable the commission to accelerate cases involving majority characteristic discrimination claims, diversity and inclusion practices, national origin discrimination, and religious accommodation issues, according to legal experts.

Why it matters

The EEOC's move to centralize enforcement power could lead to a surge in litigation that aligns with the current administration's priorities, creating new compliance risks and challenges for employers across the country.

The details

Under the new rules, the EEOC will now have direct control over most enforcement litigation, allowing the commission to fast-track cases that fit its policy agenda. Legal experts warn this could include an uptick in claims related to majority characteristic discrimination, diversity and inclusion initiatives, national origin bias, and religious accommodation disputes.

  • The EEOC voted to reclaim enforcement authority in January 2026.

The players

Scott Kelly

Shareholder and chair of the firm's Workforce Analytics and Compliance Practice Group.

Nonnie Shivers

Office managing shareholder and co-chair of the firm's Diversity, Equity, and Inclusion Compliance Practice Group.

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What they’re saying

“This procedural shift may enable the commission to fast-track litigation aligned with administration priorities, including cases involving majority characteristic discrimination claims, DEI practices, national origin discrimination, and religious accommodation issues.”

— Scott Kelly, Shareholder (Defensible Decisions Podcast)

“Employers will need to conduct privileged risk assessments and reassess their organizational risk tolerance in anticipation of heightened EEOC enforcement activity.”

— Nonnie Shivers, Office managing shareholder (Defensible Decisions Podcast)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.