January 10, 2023
EEOC Issues One Report, Another Pending
On January 10th, the Equal Employment Opportunity Commission announced publication of its draft Strategic Enforcement Plan and sought public comment, which closed on February 9th. Just a few of the proposed enforcement priorities include:
- Recognizing 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;
- Updating 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
- Preserving access to the legal system by focusing on overly broad waivers, releases, non-disclosure agreements, or non-disparagement agreements.
- Employers’ use of technology is mentioned in two priorities.
- The EEOC is in line with the current trend of the FTC, NLRB, and others to limit, restrict, or ban employers’ use of various restrictive covenants.
What’s pending? Each year, the EEOC publishes its charge statistics from its previous fiscal year. I find that information interesting and helpful as a guide to what the “hot topics” are across the nation, as well as in each state. For example, will retaliation be the #1 basis of all charges filed for the 14th year in a row?! Historically, I saw that report published towards the end of January each year. When COVID-19 hit, the report was delayed until February. As of this writing (February 28th), the report is not yet published. Stay tuned!!