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Anti-Racism Reference Catalog is currently under review and updating.

 

EEOC's New Strategic Plan: A Roadmap for Compliance Priorities?

On August 22, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced its Strategic Plan for Fiscal Years 2022-2026, which directs the agency’s work and internal resource allocation. Implementation begins immediately.

1. Salient Areas of the Plan. The EEOC’s Strategic Plan provides a helpful a framework for employers who seek to understand the agency’s strategic goals and objectives. Highlights of the Plan include:

  • Increased focus on systemic discrimination. The Plan emphasizes expanding the EEOC’s capacity to eliminate systemic barriers to equal opportunity in the workplace, including training staff to identify and investigate systemic cases and devoting additional resources to systemic enforcement.

  • Enhanced intake services to potential charging parties, respondents, and representatives. Under the Plan, the EEOC will focus on improving and expanding complainant access to intake services, increasing the availability of intake interview appointments, and improving overall service to the public.

  • Promote promising practices that employers can adopt to prevent discrimination in the workplace.

2. What Now? Evaluate your company’s current HR policies and practices for the possibility of systemic discrimination. “Systemic discrimination” cases are “pattern or practice” and/or class cases where the discrimination has a broad impact on an industry, profession, company or geographic location.  “Systemic” can also mean bias that is built into systems or structures that impact workers differently.  

According to the EEOC, examples of employment practices and policies that may involve systemic discrimination include the following:

  1. Hiring/Promotions/Assignments/Referrals

    • Criminal/credit background checks

    • Recruitment practices such as favoring or limited to word-of mouth

    • Tap-on- the- shoulder promotion policies

    • Steering of applicants to certain jobs or assignments based on race or gender

    • Historically segregated occupations or industries

    • Job ads showing preference (“young”, “energetic”, “recent graduate”, “men only”, “women only”)

    • Customer preference

    • Using AI to sort through applications

    • Personality or customer service tests; physical ability or capacity tests; cognitive tests

    • No rehire of retired workers or hiring of currently employed persons only

  2. Policies/Practices

    • Mandatory religious practices by employers who do not qualify as religious organizations

    • Paternal leave policies that do not give the same benefits for men and women

    • Mandatory maternity leave

    • Fetal protection policies

    • English only rules

    • Age-based limits on benefits or contributions to pension or other benefits

  3. Lay-off/Reduction in Force/Discharge policies

    • Mandatory retirement

    • Layoffs, reorganizations, and RIFs- disparate treatment and disparate impact based on a protected characteristic

    • Waivers that may prevent employees from filing complaints or assisting the EEOC

    • Waivers that do not comply with the Older Workers Benefit Protection Act

  4. ADA/GINA

    • “No fault” attendance policies

    • Non-accommodation for medical leave

    • Light duty policies for only work-related injuries

    • 100% healed return to work requirements

    • Pre-employment medical inquiries

Use this checklist as a starting point to proactively audit (and correct, if necessary), your company’s policies and practices. HR systems are oftentimes put in place and not re-evaluated for evolving legal compliance. Take the time now to review your HR systems and ensure that they are compliant, current, and narrowly-tailored to meet your company’s actual business objectives.

Contact us if you have questions.

Misti Mukherjee