Tag: Aggressive

Employers Can Expect a More Aggressive EEOC Throughout 2022 The Equal Employment Opportunity Commission's priorities have remained the same for the last ten years. Still, according to a new report, the commission's new members and changes in its rules might mean big changes. According to experts, the agency is shaping up to begin an aggressive increase in enforcement activity in 2022, focusing on areas that the current administration has highlighted, including age discrimination and protecting vulnerable workers. Some large rule changes have taken place since the new administration took control which has given the EEOC more flexibility and control, including rescinding a rule that would have required the agency to share more information with employers during the conciliation process. Many employers have demanded more information disclosure during the conciliation process; however, the EEOC has applauded the repeal of the rule claiming that it will allow the agency to tailor the process depending on the characteristics of each case raising the likelihood of a successful resolution. The current administration also removed a rule that would have limited the EEOC general counsel and regional attorneys' discretion to choose the types of lawsuits that the agency will file and the positions that they would take. Instead, that power would have been held by the commission. Changes have already become visible, with 114 lawsuits filed by the EEOC over the most recent fiscal year, which ended on September 31st. This is an increase over the 101 which were filed in FY2020. The upswing in cases began to develop late in the previous year, with 59 lawsuits in September of 2021, which is a significant increase over the 33 in September 2020. Even though the agency's enforcement priorities have not significantly changed from those adopted back in 2012, its new leadership has considerable leeway in how they enforce them. These enforcement priorities include: Eliminating Barriers in Recruitment and Hiring Protecting Vulnerable Workers Addressing Selected Emerging and Developing Issues Ensuring Equal Pay Protections for All Workers Preserving Access to the Legal System Preventing Systemic Harassment The third priority provides a degree of leeway for the agency's leaders to go in new directions. For example, the latest report identified one emerging area is in pregnancy discrimination. Previously pregnancy discrimination has not received much attention from the agency, but this year has already seen two significant cases, which may indicate a lot more to come. Another issue that experts warn we may see more action on in 2022 are cases spawned by the Supreme Court's Decision in Boston v. Clayton County, which extended key civil rights protections to homosexual and transgender populations. This recent case and its changes to the workplace may stir up tensions between employees and employers who believe that it conflicts with their religious beliefs. As a result, a number of EEOC lawsuits can be expected to follow. Pre-employ can help your company stay in compliance with these new guidelines with free resources available to you. Contact our compliance expert today for more information.

Tag: Aggressive

Employers Can Expect a More Aggressive EEOC Throughout 2022

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