ANALYSIS: Why DEI in 2026 Will Be a Learning Curve for Employers

It might feel like the Trump administration’s push to end DEI workplace practices has cooled, leaving employers to wonder if interest in regulating DEI has been replaced by other initiatives. But the current lull in publicly visible DEI-related enforcement activity may only be the calm before the storm. With the EEOC’s DEI activity ramping up in 2026, and some state enforcers poised to follow suit, their actions will at least shed some light on their priorities and processes, giving employers some much-needed insight on what lies ahead for DEI.

Early 2025 saw a surge in activity by federal and even ...