Keeping Up With The Trends: What Employers Should Know About Recent EEOC Enforcement Priorities

The Equal Employment Opportunities Commission (EEOC or Commission) wrapped up its fiscal year on September 30, 2025. The EEOC filed just over 90 merits lawsuits in Fiscal Year (FY) 2025, a number lower than what the agency had filed in most years of the last decade (this number does not include suits filed by private individuals). Employers might wonder whether this dip will persist, thus limiting their litigation exposure in the coming years. Only time will tell. But rather than hoping that the EEOC will sit on its back heels, employers can learn valuable lessons by digging into the details. Below, we help you by reviewing the EEOC's FY 2025 to identify the Commission's priorities and to ensure you're not on the wrong side of the "v" against the EEOC.

Reflecting on the EEOC's FY 2025

Like the rest of the country, the EEOC has felt the impact of President Trump's return to the Oval Office. In January 2025, President Trump terminated two of the EEOC's five commissioners. From that point through the end of FY 2025, the EEOC lacked a bipartisan quorum necessary to file certain types of lawsuits including cases that allege systemic discrimination, patterns of discrimination, or that would cost the agency significant funds. The quorum was recently restored. For more information, see this Reinhart article. This lack of quorum may explain, at least in part, why the number of EEOC filed lawsuits dipped in FY 2025.

But not only has the EEOC's leadership changed, so has its direction. Acting Chair and Trump appointee, Andrea Lucas, has issued a series of statements on behalf of the EEOC signaling the new administration's priorities for the Commission. These priorities include rooting out sex-based discrimination, protecting religious freedom, and eliminating what the EEOC considers to be illegal diversity, equity and inclusion (DEI) actions.

That's the political landscape. Now, let's dig into the numbers. In FY 2025, almost 25 percent of the EEOC's lawsuits were against employers in the hospitality industry (restaurants, hotels, and entertainment); just over 20 percent targeted health care employers. Retail employers were the targets of only 11 percent of all EEOC lawsuits—down from 23 percent in FY 2024. Which EEOC offices filed the most lawsuits? Employers within the jurisdiction of the Chicago and Philadelphia offices were most at risk: these each filed 10 lawsuits. Employers on the West Coast have had a reprieve: the Los Angeles office filed just four lawsuits; and the San Francisco office filed three.

What Hasn't Changed

Although the regulatory landscape has shifted, not everything has changed. Like in previous years, lawsuits under the Americans with Disabilities Act comprised the greatest share of the EEOC's filings with 34. Many of these lawsuits alleged discrimination against employees with hearing and vision disabilities and discrimination against employees with mental health conditions. The Biden administration also prioritized these lawsuits. And like in previous years, the EEOC filed a flood of lawsuits in September 2025, the last month of the Commission's fiscal year.

What Has Changed

As one might suspect, a lot has changed. Here are a few of the Trump administration's new emphases:

• No EEOC Initiated Disparate Impact Lawsuits. In an internal memorandum, the EEOC announced its plans to close all pending disparate impact claims and its intent of not pursuing any claim based solely on a disparate impact theory of liability.
• More Religious Discrimination Suits. In FY 2024, the EEOC filed four lawsuits alleging religious discrimination by employers. In FY 2025, the EEOC filed 11 such lawsuits. The EEOC released a public statement in August 2025 expressing that protecting religious freedom was a priority for the Commission.
• A Different Focus for Sex-Based Discrimination Claims. Between pregnancy discrimination claims under the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act, and sex discrimination claims under Title VII, the EEOC filed 37 lawsuits. Unlike under the Biden administration, the EEOC under the Trump administration filed fewer LGBTQ-related sex discrimination lawsuits. Since President Trump returned to office, the EEOC has filed zero lawsuits alleging discrimination against someone because of their gender identity.
• Fewer Race-Based Discrimination Suits. In each of the past three fiscal years, the EEOC filed over a dozen lawsuits alleging race-based or national origin discrimination under Title VII. In FY 2025, the EEOC filed three such lawsuits—and two of them alleged "reverse" race discrimination.
• Targeted Employers. The EEOC did not target only large corporations. In addition to its common practice of suing high profile employers, the EEOC also sued small businesses—some so small that they barely counted as "employers" under the relevant EEOC statute.

What it Means for Employers

Don't be fooled by the number of lawsuits. Employers not at risk of EEOC litigation under the Biden administration might now be at risk given the Commission's change in direction. Employers should begin by considering their own policies and practices in light of the Trump administration's priorities. These priorities include protecting religious individuals from discrimination; vigorously enforcing civil rights statutes to protect pregnant women and women in the workplace; and identifying and eliminating race-based discrimination perpetrated through DEI programs. Remember, the size of your business does not matter. In FY 2025, the EEOC sued small employers, large employers, and every size in between.

Lastly, even though the number of lawsuits filed by the EEOC seems insignificant, be aware that plaintiff's lawyers follow the EEOC's lead. Decreasing your EEOC litigation risk will also likely protect you from private lawsuits.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.