EEOC DEI Enforcement Activity Ramping Up – Employers Should Prepare Now

Recent EEOC enforcement activity reinforces the agency’s continued focus on Trump Administration civil rights priorities, including employer practices related to Diversity, Equity, and Inclusion (DEI) and anti-Semitism. 

Of note, there have been recent subpoenas issued in two discrimination charge investigations that not only highlight the main priorities of this Administration but also the EEOC’s willingness to take legal action to compel companies to respond to broad information requests during these investigations. The EEOC’s enforcement activity is only expected to increase now that the agency has a quorum which will allow the commission to enact regulations, issue formal guidance, and authorize major litigation.

In a case involving DEI practices at Northwestern Mutual, EEOC subpoenaed additional information on the firm’s DEI programs, specifically, information related to promotion policies, their HRIS, and metrics on financial rewards. This probe is in relation to an employee’s allegation that they were denied a promotion because of the company’s DEI practices, which they argue incentivized leadership to promote women and people of color. This case is not only an example of this Administration’s current focus on identifying and ending illegal DEI practices which violate Title VII and other anti-discrimination laws but also shows that EEOC is willing to go to court during its investigations to seek company information that it believes is relevant to its investigation if a company refuses to voluntarily comply during an investigation. Although EEOC has long held subpoena power, it typically is an action of last resort – for both the agency and the employer being investigated so EEOC’s use of its subpoena power in a DEI investigation is a tactic employers should keep in mind during any charge investigations.

Another priority of the EEOC in the current Administration has been investigating claims of religious discrimination. In late November, the commission subpoenaed the University of Pennsylvania to identify and provide contact information on witnesses and victims of harassment in a religious discrimination case. This request is part of an ongoing investigation into claims the university participated in unlawful employment practices allowing antisemitic harassment and creating a hostile work environment for Jewish faculty and staff. The university argues that providing this information creates privacy issues for their faculty and staff who have not consented to its release.

These ongoing cases should serve as a reminder to employers that EEOC is actively investigating compliance with federal anti-discrimination laws, especially complaints related to Administration priorities. Employers should start preparing now so they are ready to respond to any investigations or complaints. Some things employers can do now include:

• Review hiring, recruiting, and promotion practices to ensure you are following your stated policies and procedures.
• Perform Workforce Analytics to ensure there are no barriers to employment or disparate treatment in the selection process. The EEOC has made it clear that the Commission will continue to use data as part of their investigations. In a May 2025 LinkedIn post, EEOC Chair Andrea Lucas indicated that EEOC will continue to rely on statistical evidence to prove disparate treatment, including “race and sex discrimination that may arise from DEI programs and national origin discrimination involving anti-American bias.”

EEOC’s recent legal actions show this Administration’s approach to enforcement. Employers being investigated can expect to receive extensive requests for information and prompt legal action if requests are denied. Reviewing policies and procedures, as well as analyzing your workforce data proactively are important steps to prevent violations of anti-discrimination laws, and to be in a better position to defend yourself if an investigation arises.