EEOC Sets New Enforcement Targets on Emerging Discrimination Issues

The U.S. Equal Employment Opportunity Commission (EEOC) released its Strategic Enforcement Plan (SEP) for Fiscal Years 2024–2028. The SEP establishes the EEOC’s subject matter priorities regarding unlawful employment discrimination.

Utilizing public feedback, the updated SEP reflects the EEOC’s continuing focus on combating pay discrimination and advancing equal pay, preventing and remedying systemic harassment, and tackling retaliation. Changes to the SEP include:

• • Targeting discrimination, bias and hate directed against religious minorities (including antisemitism and Islamophobia), racial or ethnic groups, and LGBTQI+ individuals.
  • Expanding the vulnerable and underserved worker priority to include additional categories of workers who may be unaware of their rights under equal employment opportunity (EEO) laws, may be reluctant or unable to exercise their legally protected rights, or have historically been underserved by federal employment discrimination protections.
  • Updating the emerging and developing issues priority to include protecting workers affected by pregnancy, childbirth, or related medical conditions, including under the new Pregnant Workers Fairness Act (PWFA) and other EEO laws, employment discrimination associated with the long-term effects of COVID-19 symptoms, and technology-related employment discrimination.
  • Highlighting the continued underrepresentation of women and workers of color in certain industries and sectors, such as construction and manufacturing, finance, tech and other science, technology, engineering, and mathematics fields.
  • Recognizing employers’ increasing use of technology, including artificial intelligence and machine learning, to target job advertisements, recruit applicants, and make or assist in hiring and other employment decisions.
  • Preserving access to the legal system by addressing overly broad waivers, releases, non-disclosure agreements, or non-disparagement agreements when they restrict workers’ ability to obtain remedies for civil rights violations.

Please contact Mark Fijman or any member of Phelps’ Labor and Employment team with questions or for advice and guidance.