Jonathan Meer (Partner-New York, NY) and Angela Sekerka (Of Counsel-Chicago/New York, NY) authored the article “EEOC Announces New National Enforcement Plan,” which appeared in the June 29, 2026, posting of CLM Magazine. The article examines how the U.S. Equal Employment Opportunity Commission's new National Enforcement Plan (NEP), together with the Department of Justice's (DOJ) recent opinion regarding disparate impact claims, signals a shift in federal enforcement priorities. The authors explain that the EEOC is placing renewed emphasis on investigating claims of intentional discrimination and scrutinizing diversity, equity, and inclusion (DEI) programs it believes provide preferential treatment based on protected class status, while cautioning that these positions may conflict with existing legal precedent and create uncertainty for employers. As the authors explain, "Employers need to be aware that they are in the unenviable position of managing a workplace where EEOC and DOJ guidelines may be in conflict with existing precedent, statutory interpretations, and state and local law." They emphasize that employers should work with legal counsel to review their policies and decision-making processes, ensuring they have objective, legally defensible justifications for their employment practices ‒ particularly those involving DEI initiatives ‒ as they navigate this evolving legal landscape.