EEOC Approves Strategic Enforcement Plan for Fiscal Years 2013 to 2016 That Includes a New Enforcement Priority | Practical Law

EEOC Approves Strategic Enforcement Plan for Fiscal Years 2013 to 2016 That Includes a New Enforcement Priority | Practical Law

The Equal Employment Opportunity Commission (EEOC) approved the Strategic Enforcement Plan (SEP) for fiscal years 2013 to 2016. The SEP adopts the content of the draft SEP released for public comment in September 2012 with a few key changes, including the addition of equal pay enforcement as one of the EEOC's national enforcement priorities.

EEOC Approves Strategic Enforcement Plan for Fiscal Years 2013 to 2016 That Includes a New Enforcement Priority

by PLC Labor & Employment
Published on 20 Dec 2012 • USA (National/Federal)
The Equal Employment Opportunity Commission (EEOC) approved the Strategic Enforcement Plan (SEP) for fiscal years 2013 to 2016. The SEP adopts the content of the draft SEP released for public comment in September 2012 with a few key changes, including the addition of equal pay enforcement as one of the EEOC's national enforcement priorities.
On December 17, 2012, the EEOC in a 3-1 vote approved the Strategic Enforcement Plan (SEP) for fiscal years 2013 to 2016. The SEP, which grew out of the Strategic Plan for fiscal years 2012 to 2016 adopted by the EEOC in February 2012, largely adopts the content of the draft SEP released for public comment in September 2012 (see Legal Update, EEOC Releases Draft Strategic Enforcement Plan for Public Comment).
Key changes and additions to the approved version of the SEP include:
  • Equal pay enforcement. The approved SEP adds enforcement of equal pay laws as the fourth of the EEOC's six national enforcement priorities. The five other priorities, which were previously listed in the draft SEP, include with minor revisions:
    • eliminating barriers in recruitment and hiring;
    • protecting immigrant, migrant and other vulnerable workers;
    • addressing emerging and developing issues, such as certain ADA issues, accommodating pregnancy-related limitations under the ADAAA and the Pregnancy Discrimination Act of 1978 (PDA) and coverage of lesbian, gay, bisexual and transgender individuals under the sex discrimination provisions of Title VII;
    • preserving access for employees to the legal system; and
    • preventing harassment through systemic enforcement and targeted outreach.
  • Alternative dispute resolution. The approved SEP puts an increased emphasis on the role of mediation and other forms of alternative dispute resolution as part of the EEOC's integrated national law enforcement approach. The SEP encourages EEOC offices to explore opportunities to expand the use of ADR as investigative and litigation resources are shifted to address SEP and district priorities.
  • Key deadlines. The approved SEP provides a timeline and agency reporting requirements which contains deadlines for submissions, voting or approvals for:
    • the Quality Control Plan;
    • the Federal Sector Complement Plan;
    • District Complement Plans;
    • the Research and Data Plan; and
    • the Federal Sector Organization Plan.
The SEP took effect on December 18, 2012 and will remain in force until superseded, modified or withdrawn by vote of a majority of EEOC members.