EEOC's Strategic Enforcement Plan and You - Pt 1

 At the end of 2012, the EEOC released its Strategic Enforcement Plan outlining its workplace priorities in enforcing employment laws for 2013-2016.  These employment laws include, Title VII anti-discrimination laws, the Americans with Disabilities Act, and the Family Medical Leave Act.  Read the full text of the plan here.  Employers should expect to see increased agency focus on these areas over the next 4 years:

• Eliminating Barriers in Recruitment and Hiring. The EEOC will target class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities.
• Protecting Immigrant, Migrant and Other Vulnerable Workers. The EEOC will target disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting vulnerable workers who may be unaware of their rights under the equal employment laws, or reluctant or unable to exercise them.
• Addressing Emerging and Developing Issues. The EEOC will target emerging issues in equal employment law, including issues associated with significant events, demographic changes, developing theories, new legislation, judicial decisions and administrative interpretations.
• Enforcing Equal Pay Laws. The EEOC will target compensation systems and practices that discriminate based on gender.
• Preserving Access to the Legal System. The EEOC will target policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC's investigative or enforcement efforts.
• Preventing Harassment Through Systemic Enforcement and Targeted Outreach. The EEOC will pursue systemic investigations and litigation and conduct a targeted outreach campaign to deter harassment in the workplace.

What does this mean to you?  The Language of the SEP addresses both policies and practices.  Be sure to have updated and written policies addressing sexual harassment, discrimination, anti-retaliation, performance evaluation and compensation.  But beyond that, you must ensure that the policies are communicated and consistently applied and that the employment practices are consisted with your written policies.  

In Part 2, I will examine the enforcement areas more specifically, translate the EEOC jargon and let you know the impact of each area in your workplace.  Stay tuned.

In the meantime, feel free to contact me with any questions or visit my website.