EEOC Releases Draft Strategic Enforcement Plan for Public Comment | Practical Law

EEOC Releases Draft Strategic Enforcement Plan for Public Comment | Practical Law

The Equal Employment Opportunity Commission (EEOC) released a draft of its Strategic Enforcement Plan (SEP) for public comment, which outlines five nationwide enforcement priorities for the agency. The EEOC plans to vote on the draft SEP at the end of its fiscal year on September 30, 2012.

EEOC Releases Draft Strategic Enforcement Plan for Public Comment

Practical Law Legal Update 0-521-2582 (Approx. 3 pages)

EEOC Releases Draft Strategic Enforcement Plan for Public Comment

by PLC Labor & Employment
Published on 05 Sep 2012 • USA (National/Federal)
The Equal Employment Opportunity Commission (EEOC) released a draft of its Strategic Enforcement Plan (SEP) for public comment, which outlines five nationwide enforcement priorities for the agency. The EEOC plans to vote on the draft SEP at the end of its fiscal year on September 30, 2012.
On September 4, 2012, the EEOC released a draft of its Strategic Enforcement Plan (SEP) for public comment. The SEP is part of the larger Strategic Plan for fiscal years 2012 to 2016 adopted by the EEOC in February 2012, and follows a public meeting earlier this year on the EEOC's proposed SEP (see Legal Update, EEOC Invites Additional Comments on Proposed Strategic Enforcement Plan).
The draft SEP identifies five nationwide enforcement priorities for the EEOC, including:
  • Eliminating systemic barriers in recruitment and hiring by targeting hiring discrimination and practices that adversely affect:
    • racial and ethnic minorities;
    • older workers;
    • women; and
    • people with disabilities.
  • Protecting immigrant, migrant and other vulnerable workers who may be unaware of or reluctant or unable to exercise their rights.
  • Addressing emerging issues such as:
    • ADAAA coverage issues and the proper application of ADA defenses;
    • coverage of lesbian, gay, bisexual and transgender individuals under Title VII's sex discrimination provisions; and
    • accommodating pregnancy when women are denied accommodations that are routinely provided to other similarly situated employees and forced onto unpaid leave.
  • Preserving access to the legal system, with particular focus on targeting retaliation.
  • Combating harassment.
The draft SEP also includes guidelines on implementing these priorities and discusses the EEOC's integrated enforcement procedure. Public comments on the SEP must be submitted by September 18, 2012. The EEOC plans to vote on the draft SEP at the end of this fiscal year, on September 30, 2012.