• The U.S. Equal Employment Opportunity Commission (EEOC) released new and updated educational resources to help workers and employers understand and prevent national origin discrimination, including a new one-page technical assistance sheet titled “Discrimination Against American Workers Is Against the Law” and an expanded national origin discrimination webpage with guidance. These materials, grounded in Title VII and existing EEOC policy, explain what unlawful national origin discrimination can look like in hiring, job assignments, harassment, and retaliation, and offer guidance to workers on how to file a charge if they believe their rights have been violated. The updates focus on protections against “anti-American” national origin bias.
• On January 22, 2026, the EEOC voted 2-1 to rescind its 2024 “Enforcement Guidance on Harassment in the Workplace,” citing concerns that portions of the guidance exceeded the agency’s statutory authority, particularly with respect to gender identity interpretations under Title VII. The rescission follows a 2025 federal court ruling that vacated portions of the guidance and reflects the Commission’s shift in enforcement posture. While the guidance has been withdrawn, federal and state antidiscrimination laws remain in effect, and the EEOC has reiterated that combating unlawful workplace harassment continues to be a priority.
• The EEOC recently issued a letter to the country’s largest employers reminding them that diversity, equity, and inclusion (DEI) initiatives must comply with Title VII’s prohibition on discrimination based on protected characteristics such as race and sex. The agency emphasized that labeling a policy as “DEI” does not exempt it from existing anti-discrimination laws and signaled increased enforcement focus in this area. The letter also references new EEOC and DOJ guidance cautioning that employment decisions based on protected characteristics, even if framed as DEI efforts, may violate federal law and could be subject to enforcement. The full letter can be found here.