In mid-October, the United States Equal Employment Opportunity Commission (EEOC) approved an updated Strategic
EEOC Chair Jenny R. Yang stated, “This SEP builds on the EEOC’s progress in addressing persistent and developing issues by sharpening the agency’s area of focus and updating the plan to recognize additional areas of emerging concern. The solid foundation laid by the Commission’s first SEP positions the EEOC to concentrate on coordinating strategies and solutions for these core areas to ensure freedom from workplace discrimination.”
Employers who were hoping that EEOC might change its enforcement focus are likely to be disappointed. Like the EEOC’s previous SEP, the EEOC made clear that it will continue to focus on “systemic litigation.” In fact, in the new SEP, “[t]he Commission reaffirm[ed] its commitment to a nationwide, strategic, and coordinated systemic program as one of EEOC’s top priorities” and promised to continue to pursue cases that have a “strategic impact.” Examples in the new SEP include cases that raise an issue of developing law or promote compliance across a large organization, community, or industry.
The revised SEP will continue to prioritize the areas that were previously identified by the Commission:
Two additional areas were added as emerging priorities:
Also emphasized were coordination strategies across the EEOC to leverage the agency’s resources. In a change from the previous SEP, each district office will no longer be required to submit at least one litigation proposal each year to the Commission for a vote. Instead, to ensure the Commission is kept apprised of how delegated authority is working, the Commission will receive reports from the Offices of General Counsel and Field Programs summarizing any mediations, conciliation agreements, settlements, and approved litigation, among other issues.
The SEP is effective the day of the approval by the Commission and will remain in effect until superseded, modified, or withdrawn by vote of a majority of members of the Commission.