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DEI Under a Microscope – Update on EEOC Enforcement Trends and the Evolving Legal Landscape

The EEOC’s June 2026 National Enforcement Plan aims agency resources at anything labeled “DEI.” Distinguish established litigation risks from emerging concerns, evaluate claims under Ames and Muldrow, and identify the specific practices drawing commissioner charges, subpoenas, and lawsuits.

2026-09-22 14:30:00

Program Details

2026-09-22 14:30:00

2026-09-22 14:30:00

2h CLE Credits

2026-09-22 14:30:00

Program Details

2026-09-22 14:30:00

Program Details

2026-09-22 14:30:00

Over 1,000+ webinars

2026-09-22 14:30:00

Course Overview

The EEOC’s DEI target list is long. Its docket is not.

2026-09-22 14:30:00

In June 2026, the EEOC issued a National Enforcement Plan aimed squarely at policies, programs, and practices labeled “diversity, equity, and inclusion.” It departs from the Biden-era Strategic Enforcement Plan in priorities, investigative approach, and authority to self-initiate DEI investigations.

The consequences are already visible. Commissioner charges now self-initiate investigations into DEI programs, policies, compensation structures, and workplace practices. Publicized investigative document requests and subpoena enforcement actions follow. The Nike subpoena action and the NYT countersuit are already testing the limits of the agency’s authority. Ames v. Ohio and Muldrow v. City of St. Louis may shift the standards for DEI-related discrimination claims.

This program separates established litigation risks from emerging areas of concern. Attendees will see which DEI initiatives have already generated filed cases and which have not. They leave able to identify the DEI practices that carry litigation risk, grounded in cases litigated and settlements through mid-2026.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Enforcement Priorities Reset
How the June 2026 National Enforcement Plan redirects the EEOC’s priorities, investigative approach, and self-initiation authority away from the Biden-era Strategic Enforcement Plan.
02
Litigated vs. Emerging Risk
Which DEI initiatives have already generated filed cases and which remain enforcement priorities without litigation — the line between established risk and emerging concern.
03
Practices Drawing Charges
The specific DEI programs, policies, compensation structures, and workplace practices prompting commissioner charges, subpoenas, or lawsuits through mid-2026 — and how the commissioner-charge mechanism initiates and advances them.
04
Limits of EEOC Authority
What the NYT countersuit and the Nike subpoena enforcement action reveal about how far the agency can reach under the 2026 NEP.
05
Multi-Front Federal Pressure
How the EEOC, DOJ, and Trump Administration combine enforcement, investigative, and regulatory strategies to challenge, discourage, or influence employer DEI programs.
06
Supreme Court Standards
How Ames v. Ohio and Muldrow v. City of St. Louis change the standards counsel should apply when evaluating potential DEI-related discrimination claims.

Program schedule

clock 2:30 pm - 2:45 pm EST

The EEOC’s DEI Enforcement Plan: Eight Target Practices Versus Actual Case Selection

This session compares the EEOC’s 2026 National Enforcement Plan with the Biden-era Strategic Enforcement Plan, focusing on how the agency’s priorities, investigative approach, and authority to self-initiate DEI investigations have changed.

Alissa A. HorvitzAlissa A. Horvitz
Joshua S. RoffmanJoshua S. Roffman
clock 2:45 pm - 3:00 pm EST

DEI Initiatives Facing Litigation

This session examines which types of DEI initiatives have already generated litigation and which remain enforcement priorities without resulting in filed cases, helping employers distinguish established litigation risks from emerging areas of concern.

Alissa A. HorvitzAlissa A. Horvitz
Joshua S. RoffmanJoshua S. Roffman
clock 3:00 pm - 3:15 pm EST

DEI Practices Triggering EEOC Action

This session identifies the specific DEI programs, policies, compensation structures, and workplace practices that have prompted EEOC commissioner charges, subpoenas, or lawsuits through mid-2026.

Alissa A. HorvitzAlissa A. Horvitz
Joshua S. RoffmanJoshua S. Roffman
clock 3:15 pm - 3:30 pm EST

Commissioner Charges and DEI Enforcement

This session explains how the EEOC’s commissioner-charge mechanism works and examines how it has been used to initiate or advance enforcement actions involving employer DEI practices.

Alissa A. HorvitzAlissa A. Horvitz
Joshua S. RoffmanJoshua S. Roffman
clock 3:40 pm - 4:00 pm EST

The Limits of EEOC Authority

This session examines the NYT countersuit and Nike subpoena enforcement action to assess what these disputes reveal about the scope and limits of the EEOC’s enforcement authority under the 2026 NEP.

Alissa A. HorvitzAlissa A. Horvitz
Joshua S. RoffmanJoshua S. Roffman
clock 4:00 pm - 4:20 pm EST

Federal Pressure on Employer DEI Programs

This session explores the enforcement, investigative, and regulatory strategies used by the EEOC, DOJ, and Trump Administration to challenge, discourage, or influence employer DEI programs and policies.

Alissa A. HorvitzAlissa A. Horvitz
Joshua S. RoffmanJoshua S. Roffman
clock 4:20 pm - 4:40 pm EST

Supreme Court Impact on DEI Cases

This session examines how Ames v. Ohio and Muldrow v. City of St. Louis may affect DEI-related discrimination claims, including the standards employers and counsel should consider when evaluating potential litigation.

Alissa A. HorvitzAlissa A. Horvitz
Joshua S. RoffmanJoshua S. Roffman
Alissa A. Horvitz

Alissa A. Horvitz

Roffman Horvitz, PLC

Joshua S. Roffman

Joshua S. Roffman

Roffman Horvitz, PLC

Alissa A. Horvitz

Alissa A. Horvitz

Roffman Horvitz, PLC

Alissa A. Horvitz is a Member Attorney and co-founder of Roffman Horvitz, PLC, a firm that provides employers with one-stop human resources and regulatory compliance counsel, distinguished by advanced capabilities in employment data analytics. With more than 35 years of experience advising employers, Alissa serves as the firm’s lead or co-lead attorney across a wide range of practice areas, including federal contractor EEO and affirmative action plans, statistical analysis of hiring, promotion, and termination decisions, privileged audits of DEI programs, I-9/E-Verify compliance, exempt/non-exempt classification, the use of artificial intelligence in employment, and reductions in force under the WARN Act and OWBPA.

Education & Credentials

Alissa earned her J.D. from The George Washington University Law School in 1990 and her B.S. from Cornell University's School of Industrial and Labor Relations (ILR) in 1987. She is admitted to practice in Maryland (1990), the District of Columbia (1991), and Virginia (2017).

Recognition & Leadership

As a co-founder and Member Attorney of Roffman Horvitz, Alissa has helped build a firm recognized for its unique expertise in employment data analytics and federal contractor compliance. She serves as the firm's lead or co-lead attorney in its core practice areas, reflecting her standing as an authority on affirmative action, DEI program audits, False Claims Act defense, and the emerging area of AI in employment.

Professional Involvement

Alissa particularly enjoys educating the employer community, regularly conducting live and web-based training on employment topics such as lawful inclusion and training programs, applicant tracking, and regulatory compliance. Through the firm's webinars, client updates, and events, she is a consistent voice keeping employers informed on developments in EEO, affirmative action, and human resources compliance.

Experience

Over more than three decades, Alissa has developed deep experience advising clients on inclusion and diversity programs, federal contractor employment regulations, and the analysis of employment data, giving her a thorough understanding of the full range of human resources issues and how they affect businesses and organizations. She counsels employers on EEO and affirmative action plan development, statistical analyses of hire, promotion, and termination decisions, privileged DEI program audits, unlawful DEI and False Claims Act defense, I-9 and E-Verify compliance, wage-and-hour classification, the use of AI in employment decisions, EEO and inclusion training, employment manuals and workplace policies, and reductions in force. Her work provides employers an affordable outside-counsel option combining practical HR guidance with sophisticated data-analytics capabilities.
Joshua S. Roffman

Joshua S. Roffman

Roffman Horvitz, PLC

Joshua S. Roffman is the Managing Attorney and co-founder of Roffman Horvitz, PLC, a firm that advises employers on a broad array of human resources compliance matters with distinctive in-house capabilities in employment data analytics. With more than 20 years of experience advising employers, Josh serves as the firm’s lead or co-lead attorney across key practice areas, including federal contractor EEO and affirmative action plans, statistical analysis of hiring, promotion, and termination decisions, pay equity analyses, unlawful DEI and False Claims Act defense, I-9/E-Verify compliance, exempt/non-exempt classification, the use of artificial intelligence in employment, and reductions in force under the WARN Act and OWBPA.

Education & Credentials

Josh earned his J.D. from Georgetown University Law Center in 2002 and his B.A. from Johns Hopkins University in 1996. He is admitted to practice in Virginia (2002) and the District of Columbia (2004).

Recognition & Leadership

As Managing Attorney and co-founder of Roffman Horvitz, Josh leads a firm recognized for its unique blend of employment law and statistical analytics. He serves as the firm's lead or co-lead attorney in its core practice areas—from federal contractor compliance to pay equity and AI in employment—and brings a rare combination of legal, statistical, and business acumen to the counsel he provides.

Professional Involvement

Josh's practice reflects deep engagement with the evolving landscape of pay equity and workplace regulation, including emerging frameworks such as the EU Pay Transparency Directive and Canadian pay equity plans. Through the firm's webinars, client updates, and events, he helps keep the employer community informed on developments in compensation analysis, federal contractor obligations, and human resources compliance.

Experience

Josh has deep experience advising clients on pay equity, inclusion and diversity programs, federal contractor employment regulations, and the analysis of employment data, giving him a thorough understanding of the full range of human resources issues and how they affect businesses and organizations. He combines his command of employment law, statistics, and business operations to develop regressions and other statistical analyses of employment practices—including compensation—tailored to each client's specific goals and circumstances. Working closely with clients to determine how best to structure the analyses, Josh and the firm run these studies in-house, providing employers an affordable outside-counsel option that pairs practical compliance guidance with sophisticated data-analytics capabilities.
Alissa A. Horvitz

Alissa A. Horvitz

Roffman Horvitz, PLC

Alissa A. Horvitz is a Member Attorney and co-founder of Roffman Horvitz, PLC, a firm that provides employers with one-stop human resources and regulatory compliance counsel, distinguished by advanced capabilities in employment data analytics. With more than 35 years of experience advising employers, Alissa serves as the firm’s lead or co-lead attorney across a wide range of practice areas, including federal contractor EEO and affirmative action plans, statistical analysis of hiring, promotion, and termination decisions, privileged audits of DEI programs, I-9/E-Verify compliance, exempt/non-exempt classification, the use of artificial intelligence in employment, and reductions in force under the WARN Act and OWBPA.

Education & Credentials

Alissa earned her J.D. from The George Washington University Law School in 1990 and her B.S. from Cornell University's School of Industrial and Labor Relations (ILR) in 1987. She is admitted to practice in Maryland (1990), the District of Columbia (1991), and Virginia (2017).

Recognition & Leadership

As a co-founder and Member Attorney of Roffman Horvitz, Alissa has helped build a firm recognized for its unique expertise in employment data analytics and federal contractor compliance. She serves as the firm's lead or co-lead attorney in its core practice areas, reflecting her standing as an authority on affirmative action, DEI program audits, False Claims Act defense, and the emerging area of AI in employment.

Professional Involvement

Alissa particularly enjoys educating the employer community, regularly conducting live and web-based training on employment topics such as lawful inclusion and training programs, applicant tracking, and regulatory compliance. Through the firm's webinars, client updates, and events, she is a consistent voice keeping employers informed on developments in EEO, affirmative action, and human resources compliance.

Experience

Over more than three decades, Alissa has developed deep experience advising clients on inclusion and diversity programs, federal contractor employment regulations, and the analysis of employment data, giving her a thorough understanding of the full range of human resources issues and how they affect businesses and organizations. She counsels employers on EEO and affirmative action plan development, statistical analyses of hire, promotion, and termination decisions, privileged DEI program audits, unlawful DEI and False Claims Act defense, I-9 and E-Verify compliance, wage-and-hour classification, the use of AI in employment decisions, EEO and inclusion training, employment manuals and workplace policies, and reductions in force. Her work provides employers an affordable outside-counsel option combining practical HR guidance with sophisticated data-analytics capabilities.
Joshua S. Roffman

Joshua S. Roffman

Roffman Horvitz, PLC

Joshua S. Roffman is the Managing Attorney and co-founder of Roffman Horvitz, PLC, a firm that advises employers on a broad array of human resources compliance matters with distinctive in-house capabilities in employment data analytics. With more than 20 years of experience advising employers, Josh serves as the firm’s lead or co-lead attorney across key practice areas, including federal contractor EEO and affirmative action plans, statistical analysis of hiring, promotion, and termination decisions, pay equity analyses, unlawful DEI and False Claims Act defense, I-9/E-Verify compliance, exempt/non-exempt classification, the use of artificial intelligence in employment, and reductions in force under the WARN Act and OWBPA.

Education & Credentials

Josh earned his J.D. from Georgetown University Law Center in 2002 and his B.A. from Johns Hopkins University in 1996. He is admitted to practice in Virginia (2002) and the District of Columbia (2004).

Recognition & Leadership

As Managing Attorney and co-founder of Roffman Horvitz, Josh leads a firm recognized for its unique blend of employment law and statistical analytics. He serves as the firm's lead or co-lead attorney in its core practice areas—from federal contractor compliance to pay equity and AI in employment—and brings a rare combination of legal, statistical, and business acumen to the counsel he provides.

Professional Involvement

Josh's practice reflects deep engagement with the evolving landscape of pay equity and workplace regulation, including emerging frameworks such as the EU Pay Transparency Directive and Canadian pay equity plans. Through the firm's webinars, client updates, and events, he helps keep the employer community informed on developments in compensation analysis, federal contractor obligations, and human resources compliance.

Experience

Josh has deep experience advising clients on pay equity, inclusion and diversity programs, federal contractor employment regulations, and the analysis of employment data, giving him a thorough understanding of the full range of human resources issues and how they affect businesses and organizations. He combines his command of employment law, statistics, and business operations to develop regressions and other statistical analyses of employment practices—including compensation—tailored to each client's specific goals and circumstances. Working closely with clients to determine how best to structure the analyses, Josh and the firm run these studies in-house, providing employers an affordable outside-counsel option that pairs practical compliance guidance with sophisticated data-analytics capabilities.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs