Look Out Business Owners: 2013 EEOC – “Strategic Enforcement Plan”


On December 17, 2012, the EEOC handed down its Strategic Enforcement Plan for FY 2013 – 2016.  The following areas were identified as focus points for enforcement:

1.  Eliminating Barriers in Recruitment and Hiring.

2.  Protecting Immigrant, Migrant and Other Vulnerable Workers.

3.  Addressing Emerging and Developing Issues.

4.  Enforcing Equal Pay Laws.

5.  Preserving Access to the Legal System.

6.  Preventing Harassment Through Systemic Enforcement and Targeted Outreach.

So.  What do these translate to in english?

1.  Last year, the EEOC went after Pepsi because it refused to hire anyone with an arrest record.  According to the EEOC, Pepsi was engaging in “disparate treatment” discrimination because Blacks and Hispanics suffer from higher rates of arrest than other ethnicities and arrest is not necessarily an indicator that a person should not be hired.  In the fall, Pepsi gave up the ghost and settled for $3.1 million.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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