EEOC agenda may see few changes under Trump administration

Employers can expect the U.S. Equal Employment Opportunity Commission to continue its strategic enforcement focus over the next five years despite the change in administration, says a law firm report.

The commission’s strategic enforcement plan for fiscal years 2017-2021 will continue to guide the agency, says Chicago-based law firm Seyfarth Shaw L.L.P. in the report, “EEOC-Initiated Litigation: FY 2016,” which was issued last week.

“Although the EEOC faces an unprecedented political future because of the new administration and Republican control of both houses of Congress, we fully expect that the new (strategic enforcement plan) will serve the same guiding role in FY 2017 and beyond,” says the report, which was co-authored by Chicago-based Seyfarth Shaw partners Christopher J. DeGroff, Matthew Gagnon and Gerald L. Maatman Jr. 

The report says the latest plan reflects the same six enforcement priorities as the 2013-2106 plan: elimination of systemic barriers in recruitment and hiring; protection of immigrant, migrant and other vulnerable workers; addressing emerging and developing issues; enforcing equal pay laws; preserving access to the legal system; and preventing harassment through systemic enforcement and targeted outreach.

The report includes an examination of important legislative and political developments; how important developments in fiscal year 2016 relate to the various stages of an EEOC enforcement action; and significant court decisions regarding EEOC-initiated litigation in 2016.