Employers are likely to see a shift in enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) with a bigger budget, potentially new leadership and revised strategic priorities.

President Joe Biden nominated Kalpana Kotagal, a Democrat, to chair the EEOC after Janet Dhillon, a Republican, resigned in November. The U.S. Senate hasn't confirmed Kotagal's nomination yet.

For 2022, the agency's six strategic enforcement priorities were:

• Eliminating barriers in recruitment and hiring.
• Preventing systemic harassment.
• Protecting vulnerable workers.
• Ensuring equal pay protection for all workers.
• Preserving access to the legal system.
• Addressing selected emerging and developing issues.

On Jan. 10, the EEOC published a proposed strategic enforcement plan for fiscal years 2023-2027. If approved by the commission, it would modify the agency's six enforcement priorities by:

• Expanding the category of vulnerable workers to include people with intellectual and developmental disabilities, individuals with arrest or conviction records, LGBTQI+ individuals, temporary workers, older workers, individuals employed in low-wage jobs, and workers with limited literacy or English proficiency.
• Recognizing employers' increasing use of artificial intelligence (AI) and machine learning in job advertisements, recruiting and hiring.
• Focusing on discrimination associated with the COVID–19 pandemic and other threats to public health, violations of the newly enacted Pregnant Workers...

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