What Employers Need To Know About The EEOC's Updated Enforcement Plan

Employers take note: the EEOC has issued an updated Strategic Enforcement Plan ("SEP") for fiscal years 2017-2021.

What's a Strategic Enforcement Plan?

The EEOC's SEP describes the areas that will be a priority focus for its enforcement efforts over a particular period of time. In some instances, it describes a particular component of the employment relationship (for example, the application process) that it will scrutinize more. In other instances, it describes a particular basis of discrimination that it will focus on (for example, employees who are or are perceived to be Muslim, or LGBT employees). Ultimately, the SEP is best understood as a kind of statement of intent-i.e., where the EEOC will focus resources in the coming years.

What Isn't a Strategic Enforcement Plan?

The EEOC's SEP is not a statement of exclusion. That is, just because a specific workplace issue or protected characteristic is omitted (or not emphasized) within the SEP doesn't mean the EEOC will ignore that particular issue or characteristic. Employers should expect that the EEOC will continue to enforce all of the relevant discrimination laws on the books. The SEP merely acts as a guide for the EEOC to focus its enforcement efforts.

What Will the EEOC's Priorities Be under the Updated Strategic Enforcement Plan?

The EEOC's SEP has identified six national priority areas for enforcement in FY 2017-2021:

1. Eliminating Recruitment/Hiring Barriers. Moving forward, the EEOC will put additional emphasis on recruitment and hiring. This includes exclusionary policies and practices. In addition, the EEOC has noted it will focus on job channeling/steering and job segregation; restrictive applications; pre-employment tests/screenings and background checks that affect African-American and Latino employees; date-of-birth inquiries that affect older employees, and medical questions that affect people with disabilities. On the issue of restrictive applications, the EEOC has also highlighted online application systems that are inaccessible to applicants with disabilities.

2. Protecting Vulnerable Workers and Underserved Communities. Evaluating local issues and concerns, the EEOC's district offices will identify particular vulnerable workers and underserved communities for enforcement attention. As an example, the EEOC notes that some offices may target discrimination against Native American employees for increased focus.

3. Addressing Selected Emerging and Developing Issues. These...