EEOC’s New Enforcement Plan Signals Shift In Priorities

The EEOC adopted a new National Enforcement Plan June 4 that signals a significant shift in its priorities toward intentional discrimination claims and away from disparate impact cases. The NEP confirms that the EEOC will devote greater attention to employers’ recruiting, hiring, promotion, and DEI-related practices.

The NEP’s enforcement priorities include scrutiny of:

• job ads that refer to race or diverse candidates.
• DEI-related initiatives.
• policies that require, permit, or incentivize consideration of protected characteristics in hiring, promotion, or other employment actions.
• the use of diverse slates or panels, diversity statements, pay based on attainment of demographic goals, and the sharing of employee race or sex data beyond HR or legal personnel.
• claims involving recent Supreme Court precedent or unresolved statutory questions, including religious accommodation, voluntary affirmative action, and liability under the Pregnant Workers Fairness Act.
  

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here. CWC’s DEI Risk Assessment Package may help identify risk areas, and CWC’s upcoming conferences will explore these issues in detail.