The Equal Employment Opportunity Commission (EEOC) has announced its strategic enforcement plans for the next four fiscal years. The EEOC regularly issues strategic plans to focus and coordinate its work over a multiple-year time frame to guide the EEOC and agency activities, such as public outreach and education.
In drafting the 2024-2028 plans, the EEOC sought input from the public, where individuals from civil rights organizations, unions, legal organizations, and human resources voiced their opinions and views on important employment objectives. The EEOC explains that the 2024-2028 plans will do more to combat employment discrimination and promote an inclusive workplace.
The plans focus on five employment topics the EEOC has identified as its highest priority issues for the 2024-2028 term:
- First, the plans seek to expand the vulnerable and underserved workers priority to include additional categories of workers who may be underserved, unaware of their rights, or unable to exercise their rights. These groups of workers include people with intellectual and developmental disabilities, individuals with arrest records, members of the LGBTQI+ community, and older workers.
- Second, the plans will refine recruitment, hiring, and human resources processes to address policies and practices that limit access to on-the-job training and advancement opportunities.
- Third, the plans recognize and prioritize the growing use of technology by employers. The plans address machine learning and artificial intelligence as they relate to targeted job advertisements, assisted hiring practices, and other relevant employment matters.
- Fourth, the plans protect workers affected by pregnancy, childbirth, and related medical conditions; employment discrimination associated with the effects of COVID-19 and Long COVID; and technology-related employment discrimination.
- Fifth, the plans seek to preserve and expand access to the legal system relating to overly broad waivers, releases, non-disclosure agreements, and non-disparagement agreements for workers.
What does this mean for employers?
Employers should consider their policies on artificial intelligence and its use in the interview, screening, and hiring practices to ensure the technology is not excluding protected individuals. Employers should also recognize that employees’ legal rights are being safeguarded, and the EEOC may reach out to certain employees to inform them of their rights and investigate potential claims. These plans are essentially extending an “olive branch” to employers to correct any existing policies or practices that may interfere with the EEOC’s goals to ensure equal opportunities and diversified workplaces.