On February 26, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a letter to the chief executive officers, general counsel, and board chairs of 500 of the largest employers. These companies employ over 30 million workers and exert significant influence over the livelihood of millions of Americans. 

The letter was reaffirming the commitment to the principles of EEO and meritocracy in the philosophy of the current administration.  Specifically, the letter stated:

“The EEOC’s anti-discrimination mission goes to the heart of the foundational beliefs and promises of our nation, namely that: all Americans are inherently created equal; all citizens are entitled to equal treatment under law and therefore should have equality of opportunity in every sector of our society, including the workplace; and all Americans have the right to be treated in the workplace as individuals, not members of a particular race or group, and judged only by the content of their character, skills, and abilities, rather than by the color of their skin or by their sex.

In the past few years, these bedrock American principles have been under attack by movements and ideologies that elevate group rights over individual rights; demand equal outcomes over equal treatment and equal opportunity; and, most absurdly, twist our nation’s civil rights laws to promote discrimination against certain races or groups, rather than protect all Americans equally and evenhandedly.”

The EEOC was reiterating, though not directly, that citizens and white discrimination are a focus for the EEOC.  Also, any diversity or DEI programs would be scrutinized by the EEOC for fairness for all employees.  The letter stated:

“Protecting workers, however, starts with preventing discrimination in the first place. To that end, earlier this year, the EEOC and the U.S. Department of Justice (DOJ) released educational resources about unlawful discrimination related to DEI in the workplace. As the EEOC noted upon publishing these materials, the widespread adoption of DEI in the Fortune 500 and elsewhere in our country does not change longstanding legal prohibitions against the use of race, sex, and other protected characteristics in employment.”

Employers need to review their website and internal diversity programs, including their affinity groups, to ensure compliance with today’s interpretation of the law.  With affinity groups or employee resource groups, they must be careful not to discuss and implement employment policies as the employer who does may have implicitly recognized a union (per National Labor Relations Board precedent).

As for diversity, there are a number of groups scrutinizing employers, non-profits, and for-profits such as Steven Miller’s America First Legal, aka AFL, and Edward Blum’s The American Alliance for Equal Rights.  From Harvard to the Fearless Fund to large and small employers, all have been in the scope of these legal actions. 

The takeaway for HR is no matter the size of the organization, it could be subject to a charge for illegal diversity.  The letter itself does not say much new but is a shot across the bows as a wake-up call to be vigilant with this administration’s view of legal and illegal diversity and discrimination.