Defensible Decisions: EEOC Enforcement in 2026—New Rules, New Risks for Employers

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2026 vote to reclaim authority over most enforcement litigation from its Office of General Counsel, reversing decades of delegation. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, analyze how this procedural shift may enable the commission to fast-track litigation aligned with administration priorities, including cases involving majority characteristic discrimination claims, DEI practices, national origin discrimination, and religious accommodation issues. They also offer practical guidance for employers on conducting privileged risk assessments and reassessing organizational risk tolerance in anticipation of heightened EEOC enforcement activity.