Keeping Up with the EEOC: 10 Key Takeaways from its Just … – Gibson Dunn

January 13, 2023
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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
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[1] Draft Strategic Enforcement Plan (Jan. 10, 2023), https://www.federalregister.gov/documents/2023/01/10/2023-00283/draft-strategic-enforcement-plan.
[2] For more information, please see Gibson Dunn’s Client Alert, Keeping Up with the EEOC: Artificial Intelligence Guidance and Enforcement Action.
[3] EEOC, Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier, https://www.eeoc.gov/next-commission-meeting.
[4] The law’s enforcement has been postponed until April 15, 2023 (from January 1, 2023) as the City’s Department of Consumer Worker Protection will host a second public hearing on January 23, 2023 regarding the proposed rules aimed at clarifying the many ambiguities in the law.  For more information, please see Gibson Dunn’s Client Alerts, New York City Proposes Rules to Clarify Upcoming Artificial Intelligence Law for Employers, New York City Enacts Law Restricting Use of Artificial Intelligence in Employment Decisions.
[5] For more information, please see Gibson Dunn’s Client Alerts, New York City Enacts Pay Transparency Law Requiring Salary Ranges in Job Postings, California Enacts Pay Transparency and Disclosure Requirements Effective January 1, 2023, Colorado’s Department of Labor and Employment Takes Hard Line on Remote Jobs that Exclude Colorado Applicants to Escape Challenging Aspects of the Equal Pay for Equal Work Act’s Posting Requirements.
[6] For more information, please see Gibson Dunn’s Client Alert, Complying With The Pregnant Workers Fairness Act: Considerations For Employers (Forthcoming).
[7] See, e.g., Non-Compete Clause Rulemaking, Fed. Trade Comm’n (Jan. 5, 2023).  For more information, please see Gibson Dunn’s Client Alert, FTC Proposes Rule to Ban Non-Compete Clauses.
[8] For more information, please see Gibson Dunn’s Client Alert, Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Clauses in Sexual Harassment Cases.
[9] EEOC v. CVS Pharmacy, Inc., 809 F.3d 335, 343 (7th Cir. 2015) (affirming dismissal of EEOC’s claim that CVS’ allegedly confusing severance agreements violated Title VII by leading former employees to believe they were prohibited from filing charges with the EEOC).  The Seventh Circuit underscored that the EEOC’s authority under Title VII “does not create a broad enforcement power for the EEOC to pursue non-discriminatory employment practices that it dislikes.”  Id. at 341.
[10] EEOC, EEOC Shines Spotlight on Discrimination and Opportunities in Construction (May 17, 2022), https://www.eeoc.gov/newsroom/eeoc-shines-spotlight-discrimination-and-opportunities-construction.
[11] EEOC, Hiring Initiative to Reimagine Equity (HIRE) Fact Sheet, https://www.eeoc.gov/hiring-initiative-reimagine-equity-hire-fact-sheet.
The following Gibson Dunn attorneys assisted in preparing this client update: Jason Schwartz, Katherine Smith, Harris Mufson, Molly Senger, Naima Farrell, and Emily Maxim Lamm.
Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding these developments. To learn more about these issues, please contact the Gibson Dunn lawyer with whom you usually work, any member of the firm’s Labor and Employment practice group, or Jason Schwartz and Katherine Smith.
Jason C. Schwartz – Co-Chair, Labor & Employment Group, Washington, D.C.
(+1 202-955-8242, [email protected])
Katherine V.A. Smith – Co-Chair, Labor & Employment Group, Los Angeles
(+1 213-229-7107, [email protected])
© 2023 Gibson, Dunn & Crutcher LLP
Attorney Advertising:  The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.

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