From Outcomes to Intent: A Strategic Opportunity—With Guardrails—for Employers
For years, employers have operated in a compliance environment where even well-designed, neutral policies could create liability based solely on statistical disparities. The Equal Employment Opportunity Commission’s 2026 National Enforcement Plan (as discussed in our prior alert) and the Department of Justice’s recent legal interpretation together signal a meaningful shift: federal enforcement is now anchored in intent, not outcomes. For employers, this brings greater clarity and predictability. But it should…

