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The US Equal Employment Opportunity Commission (EEOC) plans to intensify its inquiries into corporate diversity, equity, and inclusion (DEI) programs in 2026. The Chair of the EEOC, Andrea Lucas, announced a major enforcement shift in an interview with Reuters on December 18, 2025, stating that the EEOC will closely scrutinize any workplace initiatives that consider race, sex, or other protected characteristics in employment decisions, calling such practices "unlawful" under Title VII of the Civil Rights Act.1 This announcement follows a series of executive orders from President Donald Trump and two "technical assistance" documents that the EEOC and the Department of Justice (DOJ) issued last year, aimed at dismantling DEI initiatives across federal agencies and the private sector. The EEOC's plan to intensify its scrutiny of DEI programs aligns with the Chair's stated goal "to shift to a conservative view of civil rights."2
In her comments, Chair Lucas warned companies that in 2026, the EEOC intends to leverage a wide range of its enforcement tools—including expanded searches of archived web content—to identify companies that have merely changed the language around DEI without addressing the underlying practices that may violate the law.3 The Chair's reference to reviewing archived web content shows the EEOC's awareness that companies are taking steps to "scrub" their websites, and reveals the EEOC's skepticism that companies are making significant changes to their practices.
The Chair emphasized that program names will not shield DEI initiatives from scrutiny: "It doesn't matter if you call that DEI or belonging or ‘EO' or anything: If it functions like that, it's illegal."4 The Chair further warned that employee resource groups, supplier diversity programs, and recruitment efforts targeting specific demographic groups could be subject to enforcement. Specifically, the Chair stated: "if you have a DEI program or any employee program that involves taking an action in whole or in part motivated by race or sex … that's unlawful."5
The Chair also amplified the administration's stance on social media, urging white male employees who believe they have been discriminated against to file complaints. In a post on X, she wrote: "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."6 This call to action underscores the EEOC's intent to pursue claims of "reverse discrimination," a position echoed by Vice President JD Vance, who described DEI as a "deliberate program of discrimination primarily against White men."7
Several companies are beginning to feel the impact of investigations into practices this administration terms "illegal DEI." The Wall Street Journal reported that the DOJ has requested documents and information on workplace programs from a technology giant and a major telecommunications conglomerate, and that other targeted companies span sectors such as automotive, pharmaceuticals, defense, and utilities.8 According to the Journal, these requests are part of False Claims Act (FCA) probes. This reporting is consistent with Deputy Attorney General Todd Blanche's May 2025 enforcement memorandum announcing FCA investigations into "illegal DEI" and explaining the DOJ's theory that federal contractors or fund recipients who certify compliance with anti-discrimination laws—while maintaining DEI programs that create prohibited preferences—are submitting "false claims" for government funds. The merits of this theory have yet to be tested in court, but the government will likely face difficulties establishing scienter under the FCA—that companies knew their DEI programs were "illegal" or violated anti-discrimination laws when they certified compliance or submitted claims for payment. This knowledge requirement proves problematic given that prior administrations have permitted or even encouraged the same DEI practices that the DOJ now asserts are illegal.
Nonetheless, these recent investigations and Chair Lucas' remarks signal heightened risks for companies maintaining DEI programs, regardless of what those programs are named. Steptoe is monitoring all DEI enforcement developments and our team is experienced in assisting with proactive compliance reviews, assessing DEI frameworks, and defending companies in investigations and litigation.
Footnotes
1. David Hood-Nuno and Bianca Flowers, Exclusive: Corporate America Faces DEI Reckoning in 2026, EEOC Chair Says, https://www.reuters.com/sustainability/society-equity/corporate-america-faces-dei-reckoning-2026-eeoc-chair-says-2025-12-19/ Dec. 19, 2025 (accessed Dec. 22, 2025).
2. Id.
3. Id.
4. Id.
5. Id.
6. Jessica Guynn, White Men Urged to File Discrimination Claims in Anti-DEI Escalation, https://www.usatoday.com/story/money/2025/12/18/trump-anti-dei-eeoc-discrimination-white-men/87830694007/, Dec. 18, 2025 (accessed Dec. 22, 2025).
7. Id.
8. Lydia Wheeler, Justice Department Using Fraud Law to Target Companies on DEI, https://www.wsj.com/politics/policy/trump-doj-dei-fraud-investigations-93213d52?mod=djem10point, Dec. 28, 2025 (accessed Dec. 29, 2025).
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