EEOC strategic enforcement plan establishes its priorities

The Equal Employment Opportunity Commission (EEOC) published its draft strategic enforcement plan (SEP) for 2023-2027 on January 10, 2023, inviting the public to submit comments by February 9, 2023. Before issuing the draft SEP, the agency hosted three listening sessions to obtain public input focused on racial and economic justice, vulnerable workers, and issues related to AI and technology to perpetuate discrimination. It previously published a draft of its 2022-2026 SEP for public comment.

Subject matter priorities
The agency outlined its subject matter priorities as (1) eliminating barriers in recruitment and hiring, (2) protecting vulnerable workers and persons from underserved communities from employment discrimination, (3) addressing selected emerging and developing issues, and (4) advancing equal pay for all workers.

Within the subject matter priorities, the following appear to be the primary focus areas for the EEOC in the coming years.

Artificial intelligence. The first bullet in the first subject matter priority indicates the EEOC will focus “on the use of automated systems, including artificial intelligence or machine learning, to target job advertisements, recruit applicants, or make or assist in hiring decisions where such systems intentionally exclude or adversely impact protected groups.” Employers that use artificial intelligence in the hiring process should use this opportunity to ensure any systems they are using in the hiring process are legally compliant.