Jan 10 -- The U.S. Equal Employment Opportunity Commission (EEOC) seeks public comments on a Draft Strategic Enforcement Plan for 2023—2027 as part of its strategic planning process. Comments must be received by February 9, 2023.
The U.S. Equal Employment Opportunity Commission (EEOC) was created by the landmark Civil Rights Act of 1964 in direct response to calls for racial and economic justice at the historic March on Washington for Jobs and Freedom. As the primary federal agency charged by Congress with enforcing laws against employment discrimination, the EEOC's mission is to prevent and remedy discrimination and enforce civil rights in the workplace. EEOC's vision is fair and inclusive workplaces with equal opportunity for all.
The purpose of the EEOC's Strategic Enforcement Plan is to focus and coordinate the agency's work over a multiple fiscal year (FY) period to have a sustained impact in advancing equal employment opportunity. The agency's first Strategic Enforcement Plan (SEP), adopted for FY 2013-2016, established subject matter priorities and strategies to integrate the EEOC's private, public, and federal sector activities. In adopting the FY 2017-2021 SEP, the Commission reaffirmed its subject matter priorities with some modifications and additions.
In developing the draft FY 2023-2027 SEP, the EEOC sought input from the public through a series of listening sessions and a dedicated email box. At the three public listening sessions, the EEOC heard from a total of 35 witnesses, including representatives from civil rights and workers' rights organizations, unions, employer and human resources representatives, scholars, and attorneys representing plaintiffs and defendants in employment discrimination matters. The EEOC received additional public comments through the dedicated email box.
This SEP updates and refines the EEOC's subject matter priorities to reflect progress in achieving the EEOC's vision of fair and inclusive workplaces with equal opportunity for all, while also recognizing the significant challenges that remain in making that vision a reality. The tragic killing of George Floyd, Breonna Taylor, and so many other Black and brown people remain a painful reminder of systemic racism. The COVID-19 pandemic and its economic fallout continue to disproportionately impact people of color and other vulnerable workers, exposing and magnifying inequalities in our society. And high-profile incidents of bias and violence based on race, religion, national origin, and gender have impacted communities across the country—including Black grocery shoppers and workers in Buffalo, NY; Taiwanese churchgoers in Orange County, CA; patrons at an LGBTQI+ club in Colorado Springs, CO; and Jewish synagogue members in Pittsburgh, PA, among others. While these deep-rooted problems extend far beyond the workplace, the EEOC is committed to doing our part to address systemic discrimination in employment. Addressing inequality in the workplace is a vital step in the fight for justice and equality. The ability to make a living, support a family, and be respected in the workplace based on an individual's skills and experience are critical components of what it means to be human and to enjoy the dignity and sense of self-worth that every individual deserves.
In implementing the Strategic Enforcement Plan, the Commission can—and will—do more to combat employment discrimination, promote inclusive workplaces, and respond to
the national call for racial and economic justice. Among other changes, this SEP:
Expands the vulnerable and underserved worker priority to include additional categories of workers who may be unaware of their rights under equal employment opportunity laws, may be reluctant or unable to exercise their legally protected rights, or have historically been underserved by federal employment discrimination protections—such as people with intellectual and developmental disabilities, individuals with arrest or conviction records, LGBTQI+ individuals, temporary workers, older workers, individuals employed in low-wage jobs, and persons with limited literacy or English proficiency;
Refines the recruitment and hiring priority to include limiting access to on-the-job training, pre-apprenticeship or apprenticeship programs, temp-to-hire positions, internships, or other job training or advancement opportunities based on protected status;
Recognizes employers' increasing use of automated systems, including artificial intelligence or machine learning, to target job advertisements, recruit applicants, and make or assist in hiring decisions;
Updates the emerging and developing issues priority to include employment discrimination associated with (1) the COVID-19 pandemic and other threats to public health, (2) violations of the newly enacted Pregnant Workers Fairness Act of 2022, and (3) technology-related employment discrimination; and
Preserves access to the legal system by focusing on overly broad waivers, releases, non-disclosure agreements, or non-disparagement agreements.
The Strategic Enforcement Plan will help guide the EEOC's work through all of the agency's activities, including outreach, public education, technical assistance, enforcement and litigation. Through its effective implementation, the agency will continue to advance in the nation's workplaces America's foundational goals of equality and justice for all.
FRN:
https://www.federalregister.gov/d/2023-00283 [7 pages]
