The U.S. Equal Employment Opportunity Commission (EEOC) unveiled its final Strategic Enforcement Plan (SEP) on September 21, 2023. This document offers pivotal guidance to employers as it lays out the agency’s enforcement priorities for the next five years—Fiscal Years 2024-2028. (JD Supra)
Indications from the new SEP reveal that the EEOC intends to actively and zealously pursue its enforcement agenda. Their strategies would encompass Commissioner Charges, directed investigations, and litigation involving systemic harassment and discrimination.
The new plan suggests a shift in direction for the regulatory body. Although precise details remain limited, the general outline of this new direction is clear enough for employers to start planning and adapting.
Raising awareness among the legal community about these changes is paramount, given the impact these shifts might have on how businesses operationalize their compliance programs and other procedures pertaining to employment law.
It is critical for legal teams in corporations and law firms to familiarize themselves with this latest strategic plan, consider its implications, and properly align their internal policies and procedures. Informed preparation can ensure these organizations remain ahead of any enforcement actions the EEOC might pursue over the next five years.
In the following period, employers should stay on alert for future EEOC guidance. Further clarity on this new direction could arrive in the form of changes to existing enforcement guidance, or via new interpretive guidance documents. It will also be vital to monitor how the EEOC applies the SEP to specific cases in practice.