EEOC Outlines Its Proposed Enforcement Priorities

The Equal Employment Opportunity Commission has released a draft of proposed enforcement priorities for the years 2023 through 2027. Law firm Gibson Dunne has reviewed the so-called “SEP” (Strategic Enforcement Plan) and come up with a list of ten key takeaways for employers. Heading the list is “algorithmic fairness,” which is defined to include “the use of AI tools in recruitment, screening, hiring, promotion, and other employment decisions,” followed by the more traditional category of pay equity.

The EEOC has published its own explanation of what a SEP is, including a link for submitting comments. (Deadline is Feb. 9.) The Commission says it formulated its priority listing following a series of three meetings that received input from a range of interested parties, including “representatives from civil rights and worker rights organizations; employer and human resource representatives; and attorneys representing plaintiffs and defendants in EEO matters.” Those interested in that give-and-take can view the meeting on the Commission’s YouTube channel.