On August 28, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) published a proposed rule that would substantially revise the federal-sector EEO complaint process under 29 C.F.R. Part 1614—the regulations governing how discrimination and retaliation complaints by federal employees and applicants are filed, investigated, and decided.
The proposed rule, which is not yet final
The legal battle between the U.S. Equal Employment Opportunity Commission (EEOC) and The New York Times has escalated into one of the most consequential press-freedom and employment-law clashes in recent memory. What began as a DEI-related discrimination suit has morphed into a sweeping constitutional confrontation with the Times accusing the federal government of weaponizing its enforcement machinery against a news organization for its journalism.
Employers committed to diversity, equity, and inclusion (DEI) programs have spent recent years navigating a hostile enforcement environment. Executive orders threatening broad enforcement action, expansive EEOC investigations, DOJ guidance introducing novel liability theories, and state legislation targeting DEI training have collectively created a climate of significant legal uncertainty.
Even against this backdrop, three recent legal developments offer meaningful encouragement for employers wishing to continue DEI initiatives. Courts and the federal government have begun to draw constitutional and legal limits around aggressive anti-DEI enforcement positions. While the compliance guidance we have previously provided remains relevant, the judicial record has shifted in ways that private employers should understand.
A frontline service worker at a Cinnabon was recently terminated after a video circulated showing her hurling a racist epithet at a Somali couple. The footage spread quickly with millions of views on TikTok. The employer acted swiftly. And, in a development emblematic of the current digital moment, the terminated employee has since raised more than $327,000 in online donations as part of “A Public Awareness Initiative.”