The U.S. Equal Employment Opportunity Commission (“EEOC”) released a draft strategic enforcement plan for 2023 through 2027 (the “SEP”), which outlines its areas of priority and enforcement goals.[1]Within these priorities, the SEP calls out a range of emerging topics including artificial intelligence (“AI”), the recently enacted Pregnant Workers Fairness Act of 2022 (“PWFA”), and lingering issues relating to the COVID-19 pandemic. The draft is open for a comment period until February 9, 2023 to gather further input from stakeholders.
10 Key Takeaways for Employers
- Artificial Intelligence (AI): The EEOC plans to focus on the use of AI tools in recruitment, screening, hiring, promotion, and other employment decisions. Since launching its initiative on algorithmic fairness in October 2021, the EEOC has been increasing its focus on AI. In May 2022, for example, the EEOC issued its first technical guidance on AI and filed its first enforcement action alleging algorithmic discrimination.[2] The EEOC also announced a public hearing scheduled for January 31, 2023 regarding the use of automated systems and AI in employment decisions.[3] The federal government is not the only regulator in this space. New York City, for example, passed a law that requires employers using AI tools to perform a bias audit and fulfill certain posting requirements.[4] Employers can expect more cases to be brought by the EEOC in addition to ongoing regulation at the state and local levels.
- Pay Equity:...
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