On August 9, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) welcomed its new Commissioner, Kalpana Kotagal. Kotagal is expected to guide the EEOC towards more employee-friendly policies. The EEOC has already made significant strides in the past month towards building a firmly progressive stance in the legal framework around hiring, pregnancy, and pay reporting in the United States.
A noteworthy action from the EEOC has been the settlement of a case that involved bias in recruitment facilitated by artificial intelligence (“AI”). As corporations increasingly rely on AI and automated tools in their hiring processes, allegations of bias an unfairness have been on the rise. The EEOC’s action signals an essential shift in policy and a lens of caution over AI-assisted recruitment.
The EEOC is also stepping up its game when it comes to ensuring fair and respectful treatment of pregnant workers. The commission recently proposed the Pregnant Workers Fairness Act (“PWFA”) regulations. These rules, if passed, would offer further protections to pregnant employees, safeguarding their rights and enabling a more inclusive work environment.
Significantly, the EEOC has shown intentions to revive its EEO-1 data collection tools. This move implies that employers will need to exercise increased diligence in their pay reporting processes, with a sharper focus on transparency and equity.
These actions may introduce major shifts across corporations and law firms, implying that the general counsel and legal teams must stay updated to navigate through the altered legal landscape and ensure their organizations’ compliance. Expectations are running high as the new EEOC leadership takes the reins to enforce policies that support employees’ rights.
Read the full report on these updates here.