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HRMorning

What's ahead for employers? EEOC outlines its enforcement plan

Tim Gould
by Tim Gould
2 minute read

The Equal Employment Opportunity Commission has released its plan of attack for the next several years. And the agency wants to hear your opinion of it.
The Strategic Enforcement Plan covers the years 2012-2016, and according to a press release, “will establish the Commission’s priorities and integrate all components of EEOC’s private, public and federal sector enforcement.”

Priorities listed

Here’s a rundown of the priorities outlined in the SEP:

  • Eliminating Systemic Barriers in Recruitment and Hiring. The EEOC will target class-based intentional hiring discrimination and seemingly “neutral” hiring practices that adversely impact particular groups.
    Racial and ethnic minorities, older workers, women, and people with disabilities continue to confront discriminatory policies and practices at the recruitment and hiring stages, the agency says.
    These include exclusionary policies and practices, the steering of individuals into specific jobs due to their status in a particular group, restrictive application processes, and the use of screening tools (e.g., pre-employment tests, background screens, and date of birth screens in online applications).
  • Protecting immigrant, migrant and other vulnerable workers. The EEOC will target disparate pay, job segregation, harassment, trafficking and discriminatory language policies affecting workers who may be unaware of their rights under the equal employment laws, or reluctant to exercise them.
  • Addressing Emerging Issues. The agency says it will continue its efforts to address emerging employment issues in the nation’s workforce. These include:
  1. ADA Amendments Act issues, particularly coverage issues, and the proper application of ADA defenses, such as undue hardship, direct threat, and business necessity
  2. LGBT (lesbian, gay, bisexual and transgender individuals) coverage under Title VII sex discrimination provisions, as they may apply, and
  3. Accommodating pregnancy when women have been forced onto unpaid leave after being denied accommodations routinely provided to similarly situated employees.

Comments on the SEP may be submitted via email at strategic.plan@eeoc.gov, or via snail mail addressed to Executive Officer, Office of the Executive Secretariat, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, D.C. 20507.
Deadline for comments is Sept. 18.

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