Comment from Denny, Doreen EEOC-2026-0001

Under the able leadership of Chair Andrea Lucas, the EEOC has outperformed many of its predecessors, meeting and exceeding current strategic performance measures. This updated plan reflects vital areas of focus and EEOC’s potential for measurable improvement. The need for even-handed enforcement cannot be overstated. State Fair Employment Practice Agencies (FEPA) must be held accountable to this objective and should be expected to perform accordingly. The ideological agenda of the Biden Administration prioritized activist interpretations of federal civil rights law. It aggressively applied a rogue interpretation of the Supreme Court’s decision in Bostock v. Clayton County. As a result, the EEOC and many FEPAs carried out a discriminatory agenda pursuing unreasonable conciliations and favoring preferential treatment over even-handed enforcement that adheres to legitimate legal interpretation. This must stop. Clarifying the correct legal and statutory application of equal protection, religious liberty, and free speech rights under the Constitution in anti discrimination cases is a notable priority of the Supreme Court. Decisions must be taken into account in executing the education and enforcement priorities for this Strategic Plan. For example, decisions in United States v. Skrmetti, and West Virginia v. B.P.J./,Little v. Hecox have application, as will cases in the upcoming term, including Crowther v Board of Regents of the University System of Georgia which will consider whether Title IX provides employees of educational institutions a private right of action to sue for sex discrimination.