EEOC Overhauls Policies, Signals Shift in Enforcement Priorities

Agency revises voting procedures, restricts general counsel's litigation authority, and rescinds Biden-era harassment guidance

Published on Feb. 6, 2026

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In a series of party-line votes in January 2026, the U.S. Equal Employment Opportunity Commission (EEOC) continued its agency overhaul, revising internal voting procedures, restricting the general counsel's litigation authority, and rescinding Biden-era harassment guidance. The moves signal that the agency's scrutiny of diversity, equity, and inclusion (DEI) initiatives, together with a shift in enforcement priorities to the discrimination claims of majority-group plaintiffs, will continue to be among the EEOC's top enforcement priorities, along with protecting religious freedom and American workers from national origin discrimination.

Why it matters

These developments represent a meaningful shift in federal employment law enforcement priorities that warrants attention from employers of all sizes. The combination of consolidated EEOC authority and explicit enforcement focus on DEI programs creates a new compliance landscape, potentially exposing employers to increased discrimination claims from majority-group employees and heightened regulatory scrutiny of diversity-related policies and programs.

The details

Through a series of party-line votes, the EEOC revised its internal voting procedures, giving Chair Andrea Lucas authority to approve or deny requests for Commission meetings and control which matters reach the full Commission. The agency also voted to tighten restrictions on the EEOC general counsel's authority to file lawsuits, requiring Commission approval for systemic discrimination cases, pattern-or-practice cases, matters involving fifteen or more aggrieved workers, or cases presenting 'unsettled' legal issues. Chair Lucas stated that the changes had 'restored to the Commission panel the critical responsibility to authorize litigation' that Congress originally entrusted to commissioners. The EEOC also rescinded Biden-era anti-harassment guidance, including the recent January 2026 rescission of guidance that stated Title VII prohibits discrimination based on sexual orientation or gender identity.

  • On January 14, 2026, the EEOC voted 2–1 to overhaul its voting protocols.
  • On January 23, 2026, the Commission voted 2–1 to approve a resolution to 'require Commission approval of almost all litigation'.

The players

Andrea Lucas

EEOC Chair who defended the changes, stating that 'elections have consequences' and that the agency 'will not be dilly-dallying,' but rather 'charging forward' with the Trump administration's agenda.

Donald Trump

Former U.S. President who, in a January 7, 2026 interview with The New York Times, stated that Civil Rights–era protections had resulted in white people being 'very badly treated' and characterized affirmative action as 'reverse discrimination'.

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What they’re saying

“It doesn't matter if you call that DEI or belonging or 'EO' or anything: If it functions like that, it's illegal.”

— Andrea Lucas, EEOC Chair (Instagram)

“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 …. The EEOC is committed to identifying, attacking, and eliminating all forms of race and sex discrimination, including against white male applicants and employees.”

— Andrea Lucas, EEOC Chair (Social media)

What’s next

The EEOC is expected to pursue revisions to the Pregnant Workers Fairness Act (PWFA) regulations, rescind the EEO-1 Reporting requirement, and also take action to rescind the Uniform Guidelines on Employee Selection Procedures, which may proceed with limited public notice under the new voting procedures.

The takeaway

These EEOC policy changes, combined with the administration's stated view that civil rights protections have resulted in white people being 'very badly treated,' mark a significant shift in federal employment law enforcement that employers across all industries should monitor closely. Employers may face increased exposure to discrimination claims from majority-group employees and heightened regulatory scrutiny of diversity-related policies and programs.