Darin MacKender’s article “The EEOC’s Evolving Enforcement Agenda: What to Expect in 2015 and Beyond” was featured in Law Week Colorado on May 25, 2015.
With the re-election of President Obama in 2012, employers braced for more vigorous enforcement activity and new policy initiatives from federal agencies, including the U.S. Equal Employment Opportunity Commission.
Legal experts predicted the EEOC would focus increasingly on systemic discrimination and issues such as employer hiring practices, reasonable accommodations for disabled workers, pregnancy discrimination, sexual orientation and transgender discrimination and protection of vulnerable workers. Indeed, the EEOC has aggressively pursued that agenda since 2012. A look at the substance of the agency’s 2012 Strategic Enforcement Plan, as well as its activity in 2014, provides an indication of the direction the EEOC plans to take in 2015 and beyond.
In the article, Darin provides employees with a range of commonsense steps they can take to ensure that they don’t draw the agency’s attention. These proactive steps include:
- Making sure employment policies are up to date and fully compliant with the law
- Conducting annual handbook reviews for changes in the law
- Regularly training employees and management on discrimination and harassment policies
- Ensuring that there are open lines of communication and effective reporting procedures
- Conducting self-audits
- Fostering a culture of respect, ethics and professionalism.
If confronted with a charge of discrimination from an employee, Darin advises employers to contact employment counsel immediately for assistance in navigating this evolving landscape.
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