By: Daniel O. Culicover and Christopher DeGroff
Seyfarth Synopsis: On June 3, 2026, in EEOC v. Psychological Dimensions, LLC, No. 1:26-MC-00072 (D. Colo.), the Colorado District Court declined to enforce two administrative subpoenas the EEOC had served on a vendor providing screening services to an employer. The ruling is a reminder that the EEOC’s investigative reach is broad, but not
Continue Reading No Connection, No Enforcement: Court Shuts Down EEOC Subpoenas That Missed the MarkBy: Sarah Bauman, Christopher J. DeGroff, and Andrew L. Scroggins
Seyfarth Synopsis: In a noteworthy ruling from the District of Colorado, the Court awarded A&A Appliance, Inc. (“A&A”) a full award of attorneys’ fees, deeming the Equal Employment Opportunity Commission’s claims “frivolous, unreasonable, and without foundation.” The decision in EEOC v. A&A, No. 23-cv-02456 (D. Colo.) offers employers
Continue Reading Turning the Tables: Employer Secures Attorneys’ Fees Against EEOCBy: Samantha L. Brooks, Christopher J. DeGroff, and Andrew L. Scroggins
Seyfarth Synopsis: In a critical development, the EEOC has officially replaced its Strategic Enforcement Plan (SEP) for Fiscal Years 2024–2028 with a new National Enforcement Plan (NEP) for Fiscal Years 2025–2029, signed by Chair Andrea R. Lucas on June 4, 2026. The transition represents a fundamental shift
Continue Reading Same Agency, New Targets: What the EEOC’s New National Enforcement Plan Really Means for Employers
We are once again pleased to provide you with the latest edition of our annual analysis of trends and developments in EEOC enforcement, EEOC-Initiated Litigation: 2026 Edition. This desk reference compiles, analyzes, and categorizes the major case filings and decisions involving the EEOC in 2025 and recaps the major policy and political changes we observed in the past year. The changes
Continue Reading Now Available! EEOC-Initiated Litigation: 2026 EditionBy: Christopher J. DeGroff, Andrew L. Scroggins, Samantha L. Brooks, and James P. Nasiri
Seyfarth Synopsis: While we viewed the EEOC’s Fiscal Year 2024 as “sluggish,” the Commission entered FY 2025 with a hefty budget, a brimming pipeline of charges, and a Democratic majority of Commissioners, suggesting a robust year of EEOC-initiated litigation was on
Continue Reading Frozen Pipeline: Examining the EEOC’s Quietest Year in a DecadeBy: Samantha L. Brooks, Andrew Scroggins, and Chris DeGroff
Seyfarth Synopsis: The Acting Chair of the EEOC has been renominated to serve another term as commissioner, and testified at her confirmation hearing on June 18, 2025. Confirmation is required for her to continue as Acting Chair. Ms. Lucas’ testimony confirmed her allegiance to the Trump administration, and its
Continue Reading In the Hot Seat: Andrea Lucas Defends Record at Senate HearingBy: Taylor Iaculla, Andrew Scroggins, and Christopher DeGroff
Seyfarth Synopsis: In a dramatic policy shift, the U.S. Equal Employment Opportunity Commission (“EEOC”) under Acting Chair Andrea Lucas announced, in a press release, a new focus on unlawful employment practices that favor non-American workers over American workers. The effort purports to address and rectify alleged discriminatory hiring
Continue Reading From Ally to Adversary: Employers Face New EEOC Scrutiny for Hiring ImmigrantsBy: Ridhima Bhalla, Samantha Brooks, Andrew L. Scroggins, and Christopher J. DeGroff
On January 17, 2024, just days before the new presidential term began, the Equal Employment Opportunity Commission published its annual performance report for the preceding Fiscal Year 2024. The Report highlights a year filled with notable monetary recoveries, an overall surge in new discrimination charges
Continue Reading EEOC Issues Annual Report, Faces Future in FluxBy: Rachel V. See and Andrew L. Scroggins
Seyfarth Synopsis: On the afternoon of Tuesday, January 28, 2025, media reports confirmed that President Trump has fired EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, both Democratic appointees. Samuels confirmed her dismissal via her X (formerly Twitter) account. President Trump’s unprecedented move at the EEOC follows similar action yesterday and today at
Continue Reading Trump Fires EEOC Commissioners, Testing Constitutional Limits on Presidential Power Over Independent AgenciesBy: Ala Salameh, Andrew Scroggins, and Christopher DeGroff
Seyfarth Synopsis: On January 2, 2025, the EEOC released a report underscoring that a gender pay gap among federal employees has an age component as well; the gap is larger for those age 40 and over relative to those under age 40. In light of these findings, the EEOC recommends
Continue Reading Mind the Gap: EEOC Report Warns of Substantial Gender Pay Gap for Federal Employees, Exacerbated by Age.