Draft Strategic Enforcement Plan, 1379-1385 [2023-00283]

Agencies

• Equal Employment Opportunity Commission

[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1379-1385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00283]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

[EEOC-2022-0006]


Draft Strategic Enforcement Plan

AGENCY: U.S. Equal Employment Opportunity Commission.

ACTION: Request for information and comment.

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SUMMARY: The U.S. Equal Employment Opportunity Commission (EEOC) seeks 
public comments on a Draft Strategic Enforcement Plan for 2023--2027 as 
part of its strategic planning process.

DATES: Comments must be received by February 9, 2023.

ADDRESSES: Submit comments electronically to the Federal eRulemaking 
Portal at: https://www.regulations.gov. Follow the instructions for 
submitting comments. Do not submit the following information in your 
comment: confidential business information, trade secret information, 
or other sensitive or protected information that you do not want to be 
available to the public. For the Draft Strategic Enforcement Plan, 
comments will not be accepted through any other method.
    Instructions: All submissions received must include the agency name 
(EEOC) and agency docket number (EEOC-2022-0006). The EEOC may post 
comments without change, including personal identifiers, contact 
information, or other personal information, consistent with the EEOC's 
confidentiality and other legal obligations.
    Docket: For access to the comments received, go to https://www.regulations.gov. Copies of the received comments also will be 
available for review at the Commission's library, 131 M Street NE, 
Suite 4NW08R, Washington, DC 20507, between 9:30 a.m. and p.m., from 
February 9, 2023 until the Commission publishes the plan in final form. 
You must make an appointment with library staff to review the comments 
in the Commission's library by contacting the library staff at (202) 
921-3119 (voice), 800-669-6820 (TTY), or 1-844-234-5122 (ASL Video 
phone).

FOR FURTHER INFORMATION CONTACT: Raymond Windmiller, Executive Officer 
at [email protected] or (202) 921-2705. Requests for this 
document in an alternative format should be made to the EEOC's Office 
of Communications and Legislative Affairs at (202) 921-3191 (voice), 1-
800-669-6820 (TTY), or 1-844-234-5122 (ASL Video phone).

SUPPLEMENTARY INFORMATION: Please provide any comments to the Draft 
Strategic Enforcement Plan as indicated in the ADDRESSES section above. 
This Draft Strategic Enforcement Plan follows from the EEOC's Draft 
Strategic Plan for 2022-2026 (Agency Docket Number: EEOC-2022-0005). 
The EEOC already invited the public to comment on the Draft Strategic 
Plan, which concluded on December 5, 2022. Public comments to the Draft 
Strategic Plan are available on https://www.regulations.gov. Comments 
to the Draft Strategic Enforcement Plan will be considered before the 
Commission votes to approve a final Strategic Enforcement Plan.

U.S. Equal Employment Opportunity Commission

Draft Strategic Enforcement Plan

Fiscal Years 2023-2027

Executive Summary

    The U.S. Equal Employment Opportunity Commission (EEOC) was created 
by the landmark Civil Rights Act of 1964 in direct response to calls 
for racial and economic justice at the historic March on Washington for 
Jobs and Freedom. As the primary federal agency charged by Congress 
with enforcing laws against employment discrimination, the EEOC's 
mission is to prevent and remedy discrimination and enforce civil 
rights in the workplace. EEOC's vision is fair and inclusive workplaces 
with equal opportunity for all.
    The purpose of the EEOC's Strategic Enforcement Plan is to focus 
and coordinate the agency's work over a multiple fiscal year (FY) 
period to have a sustained impact in advancing equal employment 
opportunity. The agency's first Strategic Enforcement Plan (SEP), 
adopted for FY 2013-2016, established subject matter priorities and 
strategies to integrate the EEOC's private, public, and federal sector 
activities. In adopting the FY 2017-2021 SEP, the Commission reaffirmed 
its subject matter priorities with some modifications and additions.
    In developing the draft FY 2023-2027 SEP, the EEOC sought input 
from the public through a series of listening sessions and a dedicated 
email box. At the three public listening sessions, the EEOC heard from 
a total of 35 witnesses, including representatives from civil rights 
and workers' rights organizations, unions, employer and human resources 
representatives, scholars, and attorneys representing plaintiffs and 
defendants in employment discrimination matters. The EEOC received 
additional public comments through the dedicated email box.
    This SEP updates and refines the EEOC's subject matter priorities 
to reflect progress in achieving the EEOC's vision of fair and 
inclusive workplaces with equal opportunity for all, while also 
recognizing the significant challenges that remain in making that 
vision a reality. The tragic killing of George Floyd, Breonna Taylor, 
and so many other Black and brown people remain a painful reminder of 
systemic racism. The COVID-19 pandemic and its economic fallout 
continue to disproportionately impact people of color and other 
vulnerable workers, exposing and magnifying inequalities in our 
society. And high-profile incidents of bias and violence based on race, 
religion, national origin, and gender have impacted communities across 
the country--including Black grocery shoppers and workers in Buffalo, 
NY; Taiwanese churchgoers in Orange County, CA; patrons at an LGBTQI+ 
club in Colorado Springs, CO; and Jewish synagogue members in 
Pittsburgh, PA, among others. While these deep-rooted problems extend 
far beyond the workplace, the EEOC is committed to doing our part to 
address systemic discrimination in employment. Addressing inequality in 
the workplace is a vital step in the fight for justice and equality. 
The ability to make a living, support a family, and be respected in the 
workplace based on an individual's skills and experience are critical 
components of what it means to be human and to enjoy the dignity and 
sense of self-worth that every individual deserves.
    In implementing the Strategic Enforcement Plan, the Commission 
can--and will--do more to combat employment discrimination, promote 
inclusive workplaces, and respond to

[[Page 1380]]

the national call for racial and economic justice. Among other changes, 
this SEP:
     Expands the vulnerable and underserved worker priority to 
include additional categories of workers who may be unaware of their 
rights under equal employment opportunity laws, may be reluctant or 
unable to exercise their legally protected rights, or have historically 
been underserved by federal employment discrimination protections--such 
as 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 
persons with limited literacy or English proficiency;
     Refines the recruitment and hiring priority to include 
limiting access to on-the-job training, pre-apprenticeship or 
apprenticeship programs, temp-to-hire positions, internships, or other 
job training or advancement opportunities based on protected status;
     Recognizes employers' increasing use of automated systems, 
including artificial intelligence or machine learning, to target job 
advertisements, recruit applicants, and make or assist in hiring 
decisions;
     Updates the emerging and developing issues priority to 
include employment discrimination associated with (1) the COVID-19 
pandemic and other threats to public health, (2) violations of the 
newly enacted Pregnant Workers Fairness Act of 2022, and (3) 
technology-related employment discrimination; and
     Preserves access to the legal system by focusing on overly 
broad waivers, releases, non-disclosure agreements, or non-
disparagement agreements.
    The Strategic Enforcement Plan will help guide the EEOC's work 
through all of the agency's activities, including outreach, public 
education, technical assistance, enforcement and litigation. Through 
its effective implementation, the agency will continue to advance in 
the nation's workplaces America's foundational goals of equality and 
justice for all.

I. Guiding Principles of the Strategic Enforcement Plan

    In developing the draft Fiscal Year 2023-2027 Strategic Enforcement 
Plan (SEP), the Commission relied on three guiding principles, adapted 
from the principles underlying the prior two SEPs:

A. A Targeted Approach--Focus on Priorities To Maximize the EEOC's 
Strategic Impact

    The EEOC will take a targeted approach to enforcement. A targeted 
approach empowers Commission staff throughout the agency to direct 
attention and resources to the specific priorities identified in this 
SEP, with the goal of positively influencing employer practices and 
promoting legal compliance. Targeted enforcement will enhance the 
Commission's ability to prevent and eliminate unlawful employment 
practices, develop and clarify the law, and advance its mission and the 
public interest. A targeted approach includes proactive efforts to 
address SEP priority issues, including using Commissioner Charges and 
directed investigations.

B. An Integrated Approach--Collaboration, Coordination and Consistency

    The EEOC will also ensure that its enforcement is integrated across 
the agency. An integrated approach means that the EEOC operates as one 
national law enforcement agency, while also appropriately reflecting 
local or regional differences. This requires collaboration, 
coordination and communication between offices, staff, and program 
areas across the Commission, as well as consistent procedures in 
public-facing activities throughout the country. An integrated approach 
means that communications, outreach, education, training, research, and 
technology enhance and complement administrative and legal enforcement, 
policy development, and federal sector hearings, appeals, and oversight 
to advance the agency's mission. An integrated approach also recognizes 
that, where appropriate, enforcement in the private, public, and 
federal sectors should be coordinated and consistent.
    Further, an integrated approach acknowledges that enforcing 
workplace civil rights is a shared responsibility that extends beyond 
the EEOC. For example, the Department of Justice, Department of Labor, 
Fair Employment Practices Agencies (FEPAs), Tribal Employment Rights 
Offices (TEROs), and the private bar all play vital roles in preventing 
and remedying employment discrimination. As a result, it is important 
that the EEOC continue to collaborate with these entities, and 
coordinate across the federal government, to advance our shared 
missions and expand outreach to jobseekers, workers, and employers.
    This SEP reaffirms that collaboration, coordination, and sharing of 
information within the EEOC and with our federal, state, local, and 
Tribal partners assists the Commission in operating strategically.

C. Accountability and Delivery of Results--Taking Ownership To Achieve 
Results and Serve the Public Given Existing Resources

    As the primary federal agency entrusted by Congress with enforcing 
the nation's workplace discrimination laws, the EEOC is accountable to 
the public it serves to ensure its resources are used strategically and 
effectively to enforce the law and serve those most in need of its 
assistance. Accountability means taking ownership to achieve results 
and deliver timely, consistent, and high-quality service to the public 
given available resources.

II. Principle One: A Targeted Approach To Strengthen Strategic 
Enforcement

A. Focus on Strategic Impact To Leverage EEOC Resources Most 
Effectively

    To maximize the EEOC's effectiveness as a national law enforcement 
agency, the Commission must focus on those activities that have the 
greatest strategic impact. The Commission defines strategic impact as a 
significant effect on the development of the law or on promoting 
compliance across a large organization, geographic region, or industry. 
Relevant factors in determining strategic impact include, among others, 
the significance of a particular issue, the potential outcome, the 
number of individuals or employers affected, and the opportunity to 
prevent or deter future violations and to have broad and lasting impact 
in advancing equal employment opportunity.
    Systemic investigations, resolutions, and lawsuits typically have 
strategic impact because they involve ``pattern or practice, policy 
and/or class cases where the discrimination has a broad impact on an 
industry, profession, company, or geographic location.'' The Commission 
reaffirms its commitment to a nationwide, strategic, and coordinated 
systemic program as one of the EEOC's top priorities. The Commission 
also recognizes that an individual charge or case can have strategic 
impact, as defined above. Effective strategic enforcement includes a 
balance of individual and systemic cases, and of national and local 
issues, recognizing that each may have strategic impact in different 
and complementary ways.
    The Commission's identification of subject matter priorities under 
this SEP recognizes that focused and collective

[[Page 1381]]

work on these areas will also have strategic impact. In addition, the 
Commission will continue to pursue matters and issues that are not 
identified as SEP priorities where EEOC enforcement will have a 
strategic impact in advancing equal employment opportunity.

B. Subject Matter Priorities for Fiscal Years 2023-2027

    The Commission's goal in identifying agency-wide subject matter 
priorities is to ensure that the agency's resources are targeted to 
prevent and remedy discrimination and advance equal employment 
opportunity in circumstances where EEOC enforcement is most likely to 
achieve strategic impact. The EEOC will use all its tools, including 
enforcement, education and outreach, research, and policy development, 
to advance the agency's priorities.
    The Commission relied on the following criteria to identify subject 
matter priorities for this SEP:
    1. Issues that will have broad impact because of the nature and 
scope of the employment practices addressed, the number of individuals 
impacted, or the employers or industries affected;
    2. Issues affecting workers who may be unaware of their legal 
rights or reluctant or unable to exercise their rights;
    3. Issues involving developing areas of the law, where the 
Commission's expertise is particularly valuable;
    4. Issues involving policies or practices that impede or impair 
full enforcement of federal employment discrimination laws; and
    5. Issues that may be best addressed by government action, 
including enforcement, based on the nature of the claim, the types of 
relief available, practical or legal impediments to private 
enforcement, or the Commission's access to information, data, and 
research.

C. Subject Matter Priorities

    The following are the EEOC's subject matter priorities for Fiscal 
Years 2023-2027:
1. Eliminating Barriers in Recruitment and Hiring
    The EEOC will focus on recruitment and hiring practices and 
policies that discriminate against racial, ethnic, and religious 
groups, older workers, women, pregnant workers and those with 
pregnancy-related medical conditions, LGBTQI+ individuals, and people 
with disabilities. These include:
     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;
     job advertisements that exclude or discourage certain 
demographic groups from applying;
     the channeling, steering or segregation of individuals 
into specific jobs or job duties due to their membership in a protected 
group;
     limiting access to on-the-job training, pre-apprenticeship 
or apprenticeship programs, temp-to-hire positions, internships, or 
other job training or advancement opportunities based on protected 
status;
     limiting employees exclusively to temporary work on a 
basis prohibited by federal employment laws when permanent positions 
are available for which they are qualified;
     restrictive application processes or systems, including 
online systems that are difficult for individuals with disabilities or 
other protected groups to access; and
     screening tools or requirements that disproportionately 
impact workers based on their protected status, including those 
facilitated by artificial intelligence or other automated systems, pre-
employment tests, and background checks.
    The lack of diversity in certain industries and workplaces (such as 
construction and high tech, among others), especially in growth 
industries and industries that benefit from substantial federal 
investment, are also areas of particular concern. Although this 
priority typically involves systemic cases, a claim by an individual or 
small group may qualify if it raises a policy, practice, or pattern of 
discrimination.
2. Protecting Vulnerable Workers and Persons From Underserved 
Communities From Employment Discrimination
    The EEOC will focus on harassment, retaliation, job segregation, 
labor trafficking, discriminatory pay, disparate working conditions, 
and other policies and practices that impact particularly vulnerable 
workers and persons from underserved communities. With respect to 
employment discrimination, the Commission views the category of 
vulnerable workers as including:
     immigrant and migrant workers;
     people with developmental or intellectual disabilities;
     individuals with arrest or conviction records;
     LGBTQI+ individuals;
     temporary workers;
     older workers;
     individuals employed in low wage jobs, particularly teen-
aged workers employed in such jobs;
     Native Americans/Alaska Natives; and
     persons with limited literacy or English proficiency.
    These workers may be unaware of their rights under equal employment 
opportunity laws, may be reluctant or unable to exercise their legally 
protected rights, and/or have historically been underserved by federal 
employment discrimination protections. Factors such as their 
immigration status, language barriers, education level, poverty and/or 
economic circumstances, geographic location, isolated work conditions, 
age, disability status, societal stigma, or lack of employment 
experience can make these workers particularly vulnerable to 
discriminatory practices or policies.
    To implement this priority, district offices and the agency's 
federal sector program will identify vulnerable workers and underserved 
communities in their districts or within the federal sector for focused 
attention, based on their assessment of how the EEOC can most 
effectively utilize its resources to address issues of concern for 
these groups. For example, employment discrimination against Native 
Americans/Alaska Natives, indigenous people from Latin America, 
agricultural workers, or individuals with arrest or conviction records 
might be areas of focus as part of this priority.
3. Addressing Selected Emerging and Developing Issues
    The EEOC will continue to prioritize issues that may be emerging or 
developing, including issues that involve new or developing legal 
concepts or topics that are difficult or complex. The agency is 
uniquely suited to address these issues given the EEOC's research, data 
collection, receipt of charges in the private and public sectors, 
adjudication of complaints and oversight in the federal sector, and 
ongoing engagement with stakeholders.
    Because of the nature of this priority category, the Commission may 
add or remove issues through interim amendments to the SEP. The 
following issues currently fall within this category:
    (a) Qualification standards and inflexible policies or practices 
that discriminate against individuals with disabilities;
    (b) Protecting individuals affected by pregnancy, childbirth, and 
related medical conditions under the Pregnancy Discrimination Act (PDA) 
as well as pregnancy-related disabilities under the

[[Page 1382]]

Americans with Disabilities Act (ADA) and enforcing the provisions of 
the newly enacted Pregnant Workers Fairness Act, which requires 
employers to make reasonable accommodations for those affected by 
pregnancy, childbirth, and related medical conditions;
    (c) Addressing discrimination influenced by or arising as backlash 
in response to local, national or global events.
    Current potentially affected individuals or groups include African 
Americans, individuals of Arab, Middle Eastern, or Asian descent, Jews, 
Muslims, and Sikhs. Discriminatory bias that falls under this 
subcategory may also arise as a result of recurring historical 
prejudices. The discriminatory practices or affected groups or 
individuals may change during the time period covered by this SEP;
    (d) Employment discrimination associated with the COVID-19 pandemic 
and other threats to public health.
    The EEOC hopes that discrimination directly associated with COVID-
19 will continue to decline as the nation recovers from the pandemic. 
Nonetheless, given reports of significant pandemic-related stereotyping 
and discrimination targeting certain groups--including persons of Asian 
descent, older workers, and persons with disabilities--the EEOC will 
continue to be alert to discriminatory practices associated with the 
COVID-19 pandemic and other threats to public health, such as:
     pandemic-related harassment based on race, national 
origin, religion, disability, age, gender, or other protected 
characteristics;
     unlawful denials of accommodations to individuals with 
disabilities or individuals with sincerely held religious beliefs, 
practices, or observances;
     unlawful medical inquiries, improper direct threat 
determinations, or other discrimination related to disabilities that 
arose during or were exacerbated by the pandemic;
     discrimination against persons who have an actual 
disability or are regarded as having a disability related to COVID-19, 
including individuals with long COVID, and pandemic-related caregiver 
discrimination based on a protected characteristic.
    (e) Technology-related employment discrimination.
    The EEOC will focus on employment decisions, practices, or policies 
in which covered entities' use of technology contributes to 
discrimination based on a protected characteristic. These may include, 
for example, the use of software that incorporates algorithmic 
decision-making or machine learning, including artificial intelligence; 
use of automated recruitment, selection, or production and performance 
management tools; or other existing or emerging technological tools 
used in employment decisions.
4. Advancing Equal Pay for All Workers
    The EEOC will continue to focus on combatting pay discrimination in 
all its forms--on the basis of sex under the Equal Pay Act and Title 
VII, on other protected bases covered by federal anti-discrimination 
laws, including race, national origin, disability, and age, and at the 
intersection of protected bases. Because many workers do not know how 
their pay compares to their coworkers' and, therefore, are less likely 
to discover and report pay discrimination, the Commission will continue 
to use directed investigations and Commissioner Charges, as 
appropriate, to facilitate enforcement.
    The Commission will also focus on employer practices that may 
impede equal pay or contribute to pay disparities and may lead to 
violations of statutes the Commission enforces, such as pay secrecy 
policies, retaliating against workers for asking about pay or sharing 
their pay with coworkers, reliance on past salary history to set pay, 
or requiring applicants to specify their desired or expected salary at 
the application stage.
5. Preserving Access to the Legal System
    The EEOC will focus on policies and practices that limit 
substantive rights, discourage or prohibit individuals from exercising 
their rights under employment discrimination statutes, or impede the 
EEOC's investigative or enforcement efforts. For example, this priority 
includes policies or practices that deter or prohibit filing charges 
with the EEOC or cooperating freely in EEOC investigations or 
litigation. Specifically, the EEOC will focus on:
    (a) overly broad waivers, releases, non-disclosure agreements, or 
non-disparagement agreements;
    (b) unlawful, unenforceable, or otherwise improper mandatory 
arbitration provisions;
    (c) employers' failure to keep applicant and employee data and 
records required by statute or EEOC regulations; and
    (d) retaliatory practices that could dissuade employees from 
exercising their rights under employment discrimination laws. This 
subcategory focuses on retaliatory practices that detrimentally impact 
or otherwise affect employees beyond those engaging in protected 
activity. For example, this subcategory includes taking unwarranted 
adverse actions against individuals who other employees are aware have 
filed discrimination charges or complaints, or against individuals who 
have openly opposed discriminatory employment practices.
6. Preventing and Remedying Systemic Harassment
    Harassment remains a serious workplace problem. Over 34 percent of 
the charges of employment discrimination the EEOC received between FY 
2017 and FY 2021 included an allegation of harassment. The EEOC will 
continue to focus on combatting systemic harassment in all forms and on 
all bases--including sexual harassment and harassment based on race, 
disability, age, national origin, religion, color, sex (including 
pregnancy, gender identity, and sexual orientation) or a combination or 
intersection of any of these. A claim by an individual or small group 
may fall within this priority if it is related to a widespread pattern 
or practice of harassment. To combat this persistent problem, the EEOC 
will continue to focus on strong enforcement with appropriate monetary 
relief and targeted equitable relief to prevent future harassment. The 
EEOC will also focus on promoting comprehensive anti-harassment 
programs and practices, including training tailored to the employer's 
workplace and workforce, using all available agency tools, including 
outreach, education, technical assistance, and policy guidance.

D. District and Federal Sector-Specific Priorities

    The subject matter priorities set forth in the SEP are intended to 
be broad enough to encompass the needs and priorities of the EEOC's 
field offices across the country and the federal sector. Nevertheless, 
District Offices and the Office of Federal Operations may designate 
additional subject matter priorities for focused attention as needed to 
address unique or local issues.

E. Implementing SEP Priorities

    To maximize the agency's effectiveness, the EEOC's resources must 
align with its priorities. The following guidelines are intended to 
ensure that cases and matters that advance the SEP subject matter 
priorities, as well as other charges and cases that have strategic 
impact, receive the attention and resources needed to advance equal 
opportunity and enforce civil rights in the workplace.

[[Page 1383]]

    The EEOC will use SEP priorities to inform charge prioritization, 
selection of litigation and amicus briefs, federal sector enforcement, 
and all other activities across the agency including guidance, 
outreach, and research. The agency will also continue to pursue matters 
and issues that are not identified as SEP priorities where EEOC 
enforcement will have a strategic impact.
1. Charge Prioritization
    Since at least 1995, the Commission has categorized charges for 
priority handling based on the likelihood of an investigation resulting 
in a finding of reasonable cause to believe that discrimination has 
occurred. Charge prioritization is a continuous process that occurs 
throughout the life of a charge; in each case, the investigation should 
be appropriate to the charge, taking into account the EEOC's resources. 
Because the demand for the EEOC's services still far exceeds the 
agency's resources, the Commission must continue to strategically 
leverage its finite resources to best serve the public and most 
effectively achieve the goals of the statutes it is charged with 
enforcing. Clearly defined priorities enable the EEOC to focus 
resources where government enforcement is most needed and can deliver 
the greatest impact. Accordingly, a potentially meritorious charge that 
raises an SEP priority or is likely to have strategic impact should 
receive priority in charge handling.
2. Litigation Program
    The EEOC's litigation program is a critical tool in the agency's 
efforts to prevent and remedy unlawful employment discrimination and 
enforce civil rights in the workplace. In developing and selecting 
cases for litigation, the Office of General Counsel should prioritize 
meritorious cases that raise SEP priorities or are otherwise likely to 
have strategic impact. SEP priorities should also be considered in 
selecting cases for amicus curiae participation.
    The Commission encourages the General Counsel, District Directors, 
and Regional Attorneys to continue to collaborate with the private bar, 
industry liaison groups, non-profit organizations, the Department of 
Justice, the Office of Federal Contract Compliance Programs, and other 
federal, state, and local partners to ensure efficient coordination and 
support their critical roles in protecting civil rights and ensuring 
compliance with employment discrimination laws.
3. Systemic Program
    Eradicating systemic discrimination has long been one of the EEOC's 
top priorities, as underscored in the Systemic Task Force 
Recommendations of 2006, and reaffirmed in EEOC's 2016 review of the 
Systemic Program, ``Advancing Opportunity--A Review of the Systemic 
Program of the U.S. Equal Employment Opportunity Commission,'' and in 
each of the EEOC's prior Strategic Enforcement Plans. The Commission 
once again reaffirms its commitment to the agency's systemic program as 
fundamental to advancing the agency's mission to prevent and remedy 
discrimination in our nation's workplaces. The agency will use the SEP 
priorities to guide the types of systemic investigations and cases to 
be pursued by the Commission at the national and local levels. 
Meritorious systemic charges and cases that raise SEP priorities should 
be given precedence over other cases to maximize the EEOC's strategic 
impact.
4. Alternative Dispute Resolution Program
    As the Strategic Enforcement Plan focuses resources on SEP 
priorities, Alternative Dispute Resolution (ADR) continues to be an 
important tool to provide service to the public and promote timely 
resolution of discrimination charges against private, state, and local 
employers as well as complaints in the federal sector. The EEOC's ADR 
program provides an opportunity for individuals filing charges or 
complaints of discrimination and employers to convene and discuss their 
respective positions with a neutral mediator. Successful mediations 
resolve charges and complaints early in the process, benefiting both 
workers and employers and conserving agency resources. The Commission 
encourages ADR as an effective and efficient tool to resolve charges 
and complaints of discrimination.
5. Federal Sector Hearings, Appeals, Oversight and Outreach
    The SEP priorities serve several purposes in the federal sector. 
First, cases that raise these priorities alert the Commission to the 
potential need for more extensive legal analysis in federal sector 
appellate decisions, which also could serve as persuasive authority on 
related issues in the federal courts. Second, EEOC's federal sector 
program is responsible for outreach and training to support oversight 
of federal agency EEO programs. Third, identifying SEP priorities in 
hearings and appeals provides the EEOC with information about trends in 
legal or factual issues to support federal sector outreach, training, 
compliance reviews, and program evaluations.

F. Other Priorities

    Chair initiatives should complement, rather than replace, SEP 
priorities.

III. Principle Two: Integrating Efforts Across EEOC

    As noted above, the Commission is committed to an integrated 
approach at the agency that promotes collaboration, coordination, and 
sharing of information throughout the agency, beginning with the 
following requirements:

A. Integrating Administrative Enforcement and Legal Enforcement in the 
Public and Private Sectors

    The Commission has a statutory responsibility to receive, 
investigate, and attempt to resolve charges of discrimination filed 
against private sector and state and local employers. If the Commission 
determines there is reasonable cause to believe discrimination has 
occurred, the agency attempts to end the alleged unlawful practice 
through an informal and confidential process known as conciliation. If 
conciliation is unsuccessful, the Commission has the authority to sue 
private entities under Title VII, Title I of the ADA, and Title II of 
GINA. (The Department of Justice has public sector litigation authority 
under these statutes). The EEOC has the authority to sue both public 
and private entities under the Equal Pay Act and the ADEA.
    Having a seamless, integrated effort between the enforcement unit 
staff who investigate and conciliate discrimination charges and the 
legal staff who litigate cases on behalf of the Commission is critical 
for the agency's work to have significant impact and to provide 
excellent service to the public. To establish a baseline of consistency 
across all offices, the SEP requires:
1. Legal-Enforcement Interaction
    The Commission reaffirms the importance of regular and meaningful 
consultation and collaboration between investigative and legal staff 
throughout investigations and conciliations. Effective administrative 
and court enforcement of workplace civil rights laws requires that the 
EEOC's investigative and legal staff communicate and work together to 
best achieve the EEOC's mission.
    The Commission commends the interaction between administrative and 
legal enforcement that exists in many

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offices and encourages headquarters and field office legal and 
investigative staff to continue to enhance this important 
collaboration. The Commission also encourages field offices across the 
country to collaborate to advance the development of the law and 
develop systemic cases.
2. Coordination of Systemic Enforcement
    Effective systemic enforcement requires communication and 
collaboration between the EEOC's legal and enforcement units, between 
headquarters and the field, and across EEOC districts. The Commission 
encourages cross-district and agency-wide collaboration, consultation, 
and strategic partnerships to avoid duplicating efforts, promote 
efficiency, and maximize the impact of the EEOC's systemic program.

B. Integrating Federal Sector Activities

    The goal of advancing equal opportunity applies in the federal and 
private sectors, as does the principle of integrated strategies. The 
Commission encourages the Office of Federal Operations and the Office 
of Field Programs to continue enhanced communication and coordination 
within the federal sector. The EEOC's federal sector activities 
includes its hearings program; appellate program; oversight; and 
education, training, and outreach programs. It is critical that the 
Commission leverage its authority and integrate its activities in the 
federal sector to help federal agencies achieve and maintain ``Model 
EEO Program'' status, as mandated by Congress.

C. Integrating Education and Outreach Activities

    Clear and accessible information is critical to preventing 
discrimination, promoting compliance with federal EEO laws, and 
informing individuals of their rights. Investigations, conciliations, 
and litigation are only some of the means that the EEOC uses to fulfill 
its mission and vision. Education and outreach programs, as well as 
regulations, guidance, and training materials, are also cost-effective 
law enforcement tools because they promote understanding of the law and 
voluntary compliance. To ensure the public has easy access to 
information and technical assistance from the EEOC and that the agency 
is fully integrating the SEP priorities into its education and outreach 
efforts, the Commission adopts the following strategies:

 Providing up-to-date, accessible guidance on the requirements 
of employment discrimination laws

    The EEOC's Strategic Plan recognizes the importance of preventing 
employment discrimination and advancing equal employment opportunity 
through outreach and education. In furtherance of this important 
objective, the EEOC is focused on efforts to ensure that members of the 
public are aware of employment discrimination laws, know their rights 
and responsibilities under these laws, and have access to the EEOC's 
services, and that employers, federal agencies, unions, and staffing 
agencies have the information and resources to advance equal employment 
opportunity, prevent discrimination, and effectively resolve EEO 
issues. The EEOC is focused on developing and updating its regulations, 
guidance, training materials, and other information it provides to the 
public to ensure that applicants, employees, employers, and members of 
the public are aware of their rights and responsibilities.
    To fully integrate education and outreach activities with the 
EEOC's SEP priorities, the agency commits to leveraging technology, 
analytics, and innovative outreach strategies to provide the public, 
including hard to reach communities and those who lack ready access to 
EEOC resources, greater access to information about their rights and 
responsibilities.
    By using these additional resources, the agency will be better 
equipped to ensure that information and training provided to the public 
advances the agency's priorities.

 Promoting promising practices to help prevent discrimination 
in the workplace

    The Commission commits to integrating the SEP priorities into its 
education and outreach activities by promoting promising practices for 
employers to help prevent discrimination from occurring. These 
resources and leading practices will enable all employers to adopt 
policies and practices to help prevent employment discrimination and 
advance equal employment opportunity.

D. Integrating Research, Data, and Analytics

    Collecting and analyzing data is central to the EEOC's enforcement 
and educational efforts. The EEOC recognizes the importance of data 
driven decision-making and the transformative role data can have to 
make the EEOC more effective in advancing its priorities and serving 
the public. Since 2018, the Commission has made significant investments 
in upgrading its ability to collect and use quality data. Notably, the 
agency created the Office of Enterprise Data and Analytics (OEDA) to 
promote the use of modern data analytics to facilitate data driven 
decision-making, including for the purpose of preventing, identifying, 
investigating, and correcting unlawful employment practices. The EEOC 
will continue to build its capacity to provide mission-critical 
evidence and better integrate its information and data policy into the 
agency's SEP priorities.

E. Collaborating With State and Local Fair Employment Practices 
Agencies and Tribal Employment Rights Offices

    State and local Fair Employment Practices Agencies (FEPAs) and 
Tribal Employment Rights Offices (TEROs) are critical partners in the 
EEOC's enforcement of equal employment opportunity laws. The EEOC 
contracts with FEPAs nationwide to process about 40,000 employment 
discrimination charges each year. Through a dual-filing process made 
possible by work-sharing agreements, the agencies avoid duplicating 
work and make it easier for the public to file charges of 
discrimination. The EEOC and FEPAs also collaborate in various 
activities, including investigations, internal training, and outreach 
events. Similarly, the EEOC contracts with some TEROs who assist the 
agency in reaching and providing information about non-discrimination 
laws to tribal and non-tribal members and non-tribal employers 
operating on or near tribal lands. The TEROs also collaborate with the 
EEOC by completing interview questionnaire forms for potential charging 
parties and forwarding them to EEOC field offices.
    The EEOC District Offices, FEPAs and TEROs will continue to 
identify areas for collaboration based on the SEP priorities and the 
needs in their specific jurisdictions to benefit the public. These 
areas of collaboration may include, but are not limited to, outreach 
events and listening sessions with stakeholders to discuss SEP 
priorities. The district offices will review the effectiveness of the 
joint activities on an annual basis and adjust as needed.

F. Supporting Private Enforcement of the Federal Anti-Discrimination 
Laws

    The Commission has an obligation to ensure meaningful legal 
protections for individuals while also effectively using its resources 
to have the greatest impact. Given its limited resources, the EEOC 
litigates only a small percentage of reasonable cause findings where 
conciliation efforts have failed. EEOC staff may share with the 
parties, to the

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extent permitted under the law and as appropriate, information to 
facilitate swift enforcement and early resolution of charges. To better 
assist individuals whose charges are not settled or litigated by the 
EEOC, district offices will provide information to individuals who seek 
to contact employment law attorneys for further assistance.

G. Collaborating With Other Federal Agencies

    The EEOC is the government's lead agency on equal employment 
opportunity. However, as previously noted, the Department of Justice, 
the Department of Labor, and other federal agencies also play important 
roles in enforcing laws prohibiting employment discrimination. The 
Commission will continue to collaborate with our sister agencies to 
further our mission.

IV. Principle Three: Delivery of Results

    To ensure that the EEOC is achieving results in accordance with the 
priorities set forth in the SEP, program offices will report progress 
to the Commission at semi-annual briefings as follows:
     The Office of Field Programs will report on enforcement 
activities and outreach, education, and training involving SEP 
priorities.
     The Office of General Counsel will report on litigation 
involving SEP priorities.
     The Office of Federal Operations will report on federal 
sector activities implicating SEP priorities.
    The midyear briefing will cover the first and second quarters of 
the fiscal year, and the annual briefing will cover all four quarters.

Effective Date

    The SEP is effective the day following approval by the Commission 
and will remain in effect until superseded, modified or withdrawn by 
vote of a majority of members of the Commission.

Acknowledgements

    The Commission extends its thanks to everyone who participated in 
the development of the draft SEP, especially the members of the EEOC 
Strategic Planning Work Group and the SEP Subgroup. The Commission also 
thanks the EEOC staff who provided feedback on the SEP, the nearly 
three dozen witnesses who addressed the Commission at the three public 
listening sessions, and members of the public who submitted comments on 
the SEP through the dedicated inbox.

Brett A. Brenner,
Acting Deputy Chief Operating Officer, Equal Employment Opportunity 
Commission.
[FR Doc. 2023-00283 Filed 1-9-23; 8:45 am]
BILLING CODE 6570-01-P