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EEOC moves broaden scope of bias exposures - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers EEOC moves broaden scope of bias exposures by Richard Sine Lester Balajadia/Shutterstock Current Issue , Employment Practices , Regulation Jun 26, 2026 The Equal Employment Opportunity Commission is reshaping its enforcement agenda under President Donald Trump, placing greater emphasis on claims of discrimination against white workers, men, religious employees and U.S.-born workers. The shift was underscored in May when the agency sued The New York Times over allegations that a white male applicant was denied an editor position because of his race and sex (see related story below). For employers, the agency’s changing priorities do not reduce the risk of discrimination claims, experts say. Instead, they broaden the range of workers who may pursue them. In December, Andrea R. Lucas, the chair of the Equal Employment Opportunity Commission and a Trump appointee, posted a video prompting white men who have experienced discrimination at work due to their race or sex to file a claim with her agency. Ms. Lucas said she was committed to fighting discrimination against everyone, not just women and minorities. But the clip also reflected the agency’s dramatic shift of the spotlight away from some groups and towards others, observers say. Employers should prepare for new classes of complaints, experts say. “Employees who felt maybe they didn’t have a claim because they’re part of a majority group now realize, ‘I have a claim,’” said Talene M. Carter, employment practices liability leader for Willis Towers Watson based in New York. In May, the EEOC released a statement describing its effort to deliver on the Trump administration’s “civil rights enforcement priorities.” It referenced a $15 million settlement on behalf of largely Christian workers who were denied exemption from a COVID-19 vaccine mandate; a $21 million settlement with Columbia University to resolve charges of antisemitism; and a $275,000 settlement for a Muslim man who was refused accommodation to attend Friday prayer. The EEOC has also sued The Coca-Cola Co. for excluding men from a networking trip and won a $1.1 million settlement against a restaurant chain that refused to hire men. It sued a dairy for allegedly favoring foreign workers and settled for $1.4 million a suit claiming a Guam resort discriminated against American-born employees. The agency has also issued guidance on discrimination that allegedly arises from diversity, equity and inclusion programs while rescinding Biden-era guidance on workplace harassment — guidance that employers had found “incredibly useful” for training employees and shaping policy, said Chris DeGroff, a partner at Seyfarth Shaw in Chicago. Meanwhile, the agency appears to be devoting less of its litigation docket to the race-discrimination cases that were central to its creation during the Civil Rights era. In the fiscal year ended Sept. 30, the EEOC filed the fewest race- or national-origin discrimination lawsuits in at least a decade, according to Seyfarth Shaw. Two of the three lawsuits filed alleged discrimination against white employees. After President Trump took office in 2025, he slashed the agency’s budget and fired Democratic commissioners with years left in their terms. The Americans with Disabilities Act remains the top reason behind lawsuits, Mr. DeGroff said. More such suits involve mental health issues such as depression and anxiety “that may be difficult for employers to identify and accommodate,” he said. With new commissioners installed and the agency building new cases and legal arguments, “we’re starting to see a pivot to where not all, but a greater number of the cases fit within administration priority areas,” said Andrew Scroggins, also a partner at Seyfarth and Shaw in Chicago. “I wouldn’t say they’re less aggressive,” said Mr. DeGroff of the agency under President Trump. “They are more aggressive on points that could trip up employers.” Claims under EPLI policies have been rising steadily since the pandemic, Ms. Carter said, attributing the change to a growing awareness of workplace rights and the use of social media to air workplace grievances. The change in the EEOC’s approach had “expanded the pool” of potential claimants. Ms. Carter said she has not seen an uptick in claims related to “reverse discrimination” or other EEOC priorities, but she expects it to come and for the EPLI market to harden. Legal cases on behalf of majority groups were bolstered last year after the U.S. Supreme Court rejected holding them to a higher standard, in Ames v. Ohio Department of Youth Services . Even if the EEOC pulls back on traditional discrimination cases, employees can still pursue them in court under state and federal law, said R. Victoria Fuller, co-chair of the labor practice at White and Williams in Boston. And state attorneys general are still filing both traditional and majority-group discrimination cases. “I doubt employers will see fewer EPL claims in these areas,” Ms. Fuller said. “Certainly, the publicity over the EEOC’s new enforcement posture will inspire additional private claims,” Ms. Fuller added. She said majority groups will likely file class actions over the impact of diversity, equity and inclusion programs. To limit their liability exposure, employers should “re-audit their policies and practices to determine if they would run afoul of this administration’s strategic priorities,” Mr. DeGroff said. Large companies should ensure that revised policies — such as the elimination of race- or sex-based employee affinity groups — are being implemented in every corner of the organization. Employers should take note of the Pregnant Worker Fairness Act, which Ms. Lucas has championed as EEOC chairman. Passed in 2023, the law is even stricter than the Americans with Disabilities Act in that an employer might still be required to retain a worker even if pregnancy prevents her from carrying out the “essential functions” of her role. “Even state-of-the-art HR systems and top-notch operations leaders may not be up to speed on what those requirements are … that’s one example of how training can be such a critical element,” Mr. DeGroff said. Agency changes strategy with headline-grabbing investigations In May, the Equal Opportunity Employment Commission sued The New York Times for allegedly passing over a better-qualified white man for an editor position due to his race and gender. The agency said the newspaper instead chose a “non-white” woman who had less direct experience and who had been allowed to skip the standard interview process. “No one is above the law — including ‘elite’ institutions,” said agency chair Andrea Lucas in a statement announcing the suit, EEOC v. The New York Times . Although the total number of lawsuits filed has declined under her leadership, Ms. Lucas has still highlighted a variety of actions against high-profile targets, including Coca-Cola, Nike, Columbia University and the University of Pennsylvania. “What we are seeing with the 2026 EEOC is their leveraging of the media,” said Chris DeGroff, a partner at Seyfarth Shaw. “It’s targeting a soft spot for most employers, which is the brand impact of an EEOC (action).” Under Ms. Lucas, the agency has issued at least 10 press releases detailing the issuance of subpoenas signaling the beginning of investigations against companies including Nike and NAPA Auto Parts, Mr. DeGroff said. The agency had not issued a press release with a subpoena since 2010, Mr. DeGroff said. For employers, the agency’s new tack carries a powerful lesson, Mr. DeGroff said. If you receive a request for information from the agency on one of its hot-button issues — such as discrimination against whites, males, pregnant women, religious people or native-born Americans — take it seriously. “It could immediately balloon into a very public, brand-impacting, subpoena-enforcement action,” Mr. DeGroff said. Related News Viewpoint: Warnings require action June 26, 2026 Top insurance brokers, No. 9: Howden Insurance Brokers June 26, 2026 Top insurance brokers, No. 1: Marsh June 26, 2026 2026 brokers profiles: World’s 10 Largest Insurance Brokers June 26, 2026 Top insurance brokers, No. 3: Arthur J. 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