This fact makes more meaningful the latest pronouncement by the EEOC of its new , four-year Strategic Enforcement Plan ( SEP ). While the SEP in many ways reflects a continuation of the prior SEP , with some modifications , the EEOC will focus its enforcement activities on : ( 1 ) eliminating barriers in recruitment and hiring ; ( 2 ) protecting vulnerable workers , including immigrant and migrant workers and underserved communities from discrimination ; ( 3 ) addressing selected emerging and developing issues ( including 21st century workplace and backlash discrimination ); ( 4 ) ensuring equal pay protections for all workers ; ( 5 ) preserving access to the legal system ; and ( 6 ) preventing systemic harassment . In this regard , expect the EEOC ’ s investigators to focus specifically on employee complaints involving :
( a ) Qualification standards and inflexible leave policies that discriminate against individuals with disabilities ;
( b ) Failure to accommodate pregnancy-related limitations under the Americans with Disabilities Act Amendments Act ( ADAAA ) and the Pregnancy Discrimination Act ( PDA );
( c ) Actions that fail to protect lesbians , gay men , bisexuals and transgender ( LGBT ) people from discrimination based on sex ;
( d ) Clarification of the employment relationship and the application of workplace civil rights protections in light of the increasing complexity of employment relationships and structures , including temporary workers , staffing agencies ,
independent contractor relationships and the on-demand economy ; and
( e ) Discriminatory practices against those who are Muslim or Sikh , or persons of Arab , Middle Eastern or South Asian descent , as well as persons perceived to be members of these groups , arising from backlash against them from violent events in the United States and abroad .
Although the leadership of the EEOC is not going to change very quickly , and thus the priorities they have established will likely remain in place for several years to come , the new SEP also highlights that the EEOC currently has one-third fewer investigators than it did in 2002 , and that , as of Sept . 30 , 2016 , the pending workload for the investigators is over 73,000 charges that average over 300 days to resolve . A Republicancontrolled Congress , with the approval of President Trump , may exercise its budgetary authority to reign in the EEOC if it aggressively pursues policies that are seen as anti-business .
While it is expected that the Trump presidency will dramatically reverse many policies and initiatives of President Obama ’ s administration , quick change is unlikely . In addition , because candidate Trump provided few specifics regarding the changes he wants to make , most employers are going to be left in a state of uncertainty for many months . S
DOUGLAS H . DUERR is a partner at Elarbee Thompson , a national labor and employment law firm with an industry practice area focused on franchises . Learn more at www . elarbeethompson . com .
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THESCORE | 2016 Issue 4