EEOC Releases New Strategic Enforcement Plan - Are your Policies and Procedures Bulletproof?

The EEOC periodically adopts a multi-year plan, called the Strategic Enforcement Plan, or SEP, to establish substantive agency enforcement priorities to guide all aspects of its work to advance equal employment opportunity and to prevent and remedy unlawful discrimination in employment. Although the agency will continue to address many other issues, the matters set forth in the SEP will have priority in the EEOC’s work.

Idaho employers should look at the EEOC’s upcoming enforcement priorities with an eye for considering whether the employer has the knowledge, tools, and resources to remain in compliance. If not, now is the time to get the policies, procedures, and training needed to avoid claims and lawsuits.

For example, one EEOC priority involves eliminating barriers in recruiting and hiring. Employers should consider whether their supervisors are trained in hiring best practices. Do they know the appropriate questions to ask, and which ones could lead to liability? Are they up to date on anti-harassment and anti-discrimination training? Emerging and developing issues, including the Pregnant Workers Fairness Act and long Covid are other enforcement priorities. Employers should update policies to keep in line with these new issues and ensure their leaders are aware of how these issues are developing. Employers should also consider whether their supervisors are up to speed on the ADA as it relates to these issues.

Another key enforcement issue is equal pay, an area that can be surprisingly complex. In fact, some employers are not aware that equal pay liability can arise not only under Title VII and the Idaho Human Rights Act but also under Idaho’s State Equal Pay laws and Federal Equal Pay Acts, as well. Employers should consider whether they are using appropriate pay ranges, job applications, and other tools to ensure they are providing equal pay for the same jobs.

Remember, we're here to support you. If you have any questions or need guidance on navigating the new SEP, don't hesitate to reach out. Similarly, our new program, Law for Leaders, helps guide employers through tough employment law issues to ensure they are compliant in all areas. Go to idahoemploymentlawyers.com/training to learn more.