The EEOC has released its Strategic Enforcement Plan (SEP) for 2017-21 identifying its priority enforcement focus areas. It will be no surprise based on the news (and the Presidential election this year) that the EEOC will focus on "Protecting vulnerable workers, including immigrant and migrant workers and underserved communities from discrimination". The SEP again focuses on equal pay protections for all workers and preventing systemic harassment. As part of the equal pay focus, the SEP has identified specifically combatting pay disparities based on race, ethnicity, age and individuals with disabilities - expanding the traditional equal pay focus on gender based disparities.
The EEOC will continue its focus on eliminating barriers to recruitment and hiring with particular emphasis on exclusionary and data driven selection policies calling out the technology and policing industries specifically.
The 2017-21 plan contemplates the EEOC's use of discretion to adapt its focus to areas of concern that may emerge. Anticipated areas are identified as discriminatory qualification standards and leave policies (especially as relate to individuals with disabilities); accommodation of pregnancy-related limitations under the ADA and Pregnancy Discrimination Act; protection of LGBT individuals; and, clarifying the rights and protections needed for temporary workers, staffing agencies, independent contractor relationships and the "on demand economy".
There are 2 main additions to the SEP: 1) issues related to complex employment relationships in the 21st century workplace; and 2) backlash discrimination against those who are Muslim or Sikh, or persons of Arab, Middle Eastern or South Asian descent, as well as persons perceived to be members of these groups.
The EEOC also calls out "preserving access to the legal system" which may be read as "looking on broad waivers and mandatory arbitration provisions with disfavor".
For those of us who have been following the trend in employment litigation and in current politics, these focus areas come as no surprise. It is a good time to review employment practices, policies, procedures and handbooks and look at your scheduled annual trainings for your employees and managers to see that any areas of concern are addressed. DON'T BE A TEST CASE!
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