EEOC-Initiated Litigation - 2022 Edition

12 | EEOC-Initiated Litigation: 2022 Edition © 2022 Seyfarth Shaw LLP The EEOC’s Strategic Enforcement Priorities According to the EEOC, “the purpose of the [Strategic Enforcement Priorities] is to focus and coordinate the EEOC’s programs to have a sustainable impact in reducing and deterring discriminatory practices in the workplace.” As in years past, the SEP establishes the EEOC’s six substantive area priorities. 1 Eliminating Barriers In Recruitment and Hiring: The EEOC’s focus within this priority is to address discriminatory recruiting and hiring practices which target “racial, ethnic, and religious groups, older workers, women, and people with disabilities.” According to the EEOC, addressing this priority typically involves strategic, systemic cases. 2 Protecting Vulnerable Workers: The EEOC’s focus within this area is to combat policies and practices directed “against vulnerable workers,” including immigrant and migrant workers, as well as persons perceived to be members of these groups, and against members of underserved communities.” Each EEOC District tailors its efforts to the local issues affecting individuals within its geographic area. 3 Addressing Selected Emerging And Developing Issues: As the name implies, the EEOC may adapt its focus within this priority on a year-to-year basis in accordance with developing case law. 4 Ensuring Equal Pay Protections For All Workers: While the EEOC’s primary focus has been combating discrimination in pay based on sex, the EEOC also addresses pay discrimination based on any protected status, including race, ethnicity, age, and disability. 5 Preserving Access to the Legal System: The focus within this priority is on practices that discourage or prohibit individuals from exercising their rights, including, according to the EEOC, “overly broad waivers, releases, and mandatory arbitration provisions,” failure to maintain applicant and employee data, and retaliatory practices that dissuade employees from exercising their rights. 6 Preventing Systemic Harassment: This priority is directed at harassment, most frequently based on sex, race, disability, age, national origin, and religion. According to the EEOC, this strategic priority typically involves systemic cases.