On October 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) approved a Strategic Enforcement Plan (SEP) for Fiscal Years 2017–2021. This recently approved SEP updates the EEOC's first SEP which spanned Fiscal Years 2013–2016.
In the updated SEP, the EEOC has identified six substantive area priorities:
- Eliminating Barriers in Recruiting and Hiring. In reaffirming a commitment to eliminating discrimination in recruiting and hiring, the updated SEP advocates a focus on "class based recruitment and hiring practices that discriminate" based on protected class status.
- Protecting Vulnerable Workers. The EEOC will continue to focus on immigrant and migrant workers and underserved communities where workers often are not aware of their rights and their "work status, language, financial circumstances, or lack of work experience make them particularly vulnerable to discriminatory practices or policies."
- Addressing Selected Emerging and Developing Issues. The issues that the EEOC will be targeting are: (1) qualification standards and inflexible leave policies that adversely affect individuals with disabilities; and (2) accommodations for pregnant employees under the Americans with Disabilities Act Amendments Act and the Pregnancy Discrimination Act.
- Equal Pay Protection for All Workers. The EEOC intends to continue its focus on pay practices and systems that are discriminatory under the Equal Pay Act and Title VII. In addition, the EEOC will expand this review to encompass compensation systems that "discriminate based on any protected basis."
- Preserving Access to the Legal System. The EEOC will continue to challenge policies and procedures that preclude individuals from seeking the protections afforded by the EEOC or impede access to the EEOC and state and local EEO agencies. For example, the EEOC will continue to scrutinize overly broad waivers and mandatory arbitration provisions.
- Preventing Systemic Harassment. The EEOC will continue to look to effectively eliminate harassment, particularly where evidence shows a pattern and practice of harassment. The agency also will encourage training and outreach.
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