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EEOC's Fiscal Year 2024 Litigation: A Focus on Emerging Issues and Vulnerable Populations

The U.S. Equal Employment Opportunity Commission (EEOC) plays a crucial role in enforcing federal laws against workplace discrimination. Each year, the EEOC sets litigation priorities to address persistent and emerging issues impacting diverse groups in the workforce. For fiscal year 2024, the EEOC’s focus is on tackling new forms of discrimination and protecting vulnerable and underserved communities, including those facing systemic bias. This article explores the EEOC’s 2024 litigation strategy, its emphasis on vulnerable populations, and key areas of focus in employment discrimination cases.

Key Focus Areas for EEOC Litigation in 2024

As workforce dynamics evolve, so do the challenges related to discrimination and bias. For 2024, the EEOC is directing its litigation efforts toward the following areas:

Combating Systemic Discrimination
Systemic discrimination refers to company-wide practices or policies that negatively impact groups of employees based on protected characteristics such as race, gender, disability, or age. For fiscal year 2024, the EEOC is prioritizing cases that reveal patterns of discrimination across industries. By targeting systemic issues, the EEOC aims to create widespread change, ensuring employers reevaluate policies that may disadvantage large groups of employees.
Protecting Underserved and Vulnerable Populations
Vulnerable populations include workers who have historically faced marginalization, such as immigrants, individuals with disabilities, older workers, LGBTQ+ individuals, and people of color. These groups are often underrepresented in discrimination cases due to fear of retaliation or lack of resources. The EEOC’s focus on these communities is intended to protect their rights and address long-standing inequities in the workplace.
Addressing Workplace Harassment
Harassment continues to be a prevalent issue, particularly for women, people of color, and LGBTQ+ employees. The EEOC’s 2024 litigation will emphasize cases where workplace harassment contributes to a hostile work environment. The agency is also targeting harassment cases that extend beyond traditional sexual harassment, including racial and disability-based harassment.
Combatting Discrimination Related to Artificial Intelligence (AI) and Technology
As employers increasingly rely on AI for hiring and employee evaluation, concerns have arisen regarding biased algorithms. The EEOC has expressed interest in addressing cases where AI systems inadvertently discriminate against certain groups. For example, AI tools that screen resumes may unintentionally reject candidates from particular racial or gender groups, resulting in hiring discrimination.
Enhancing Protections for Pregnant and Caregiving Employees
Pregnant and caregiving employees face unique challenges in the workplace, from limited access to accommodations to unfair treatment based on their parental responsibilities. The EEOC’s 2024 strategy includes a strong focus on enforcing the Pregnant Workers Fairness Act (PWFA) and other regulations to ensure these employees receive equal opportunities and are not penalized for their caregiving roles.

Recent EEOC Litigation Trends in Support of Vulnerable Populations

Several recent EEOC cases exemplify the agency’s commitment to protecting vulnerable communities and ensuring workplaces are free from discrimination. Here are some notable examples:

Disability Discrimination Cases
The EEOC has increasingly focused on cases involving failure to provide reasonable accommodations for employees with disabilities. In one recent case, the EEOC successfully litigated against an employer that refused to provide simple modifications for an employee with a visual impairment. This case underscores the EEOC’s dedication to enforcing the Americans with Disabilities Act (ADA) and supporting employees with disabilities.
Cases Targeting Age Discrimination
Older employees often face age discrimination in hiring and promotions. In 2024, the EEOC aims to increase protections for older workers by addressing age bias in workplaces where they are disproportionately excluded from advancement opportunities. Age discrimination cases are particularly relevant in technology and corporate environments where there is often a preference for younger workers.
LGBTQ+ Discrimination Cases
The EEOC continues to enforce anti-discrimination protections for LGBTQ+ employees, particularly in cases involving harassment or wrongful termination based on sexual orientation or gender identity. These cases highlight the EEOC’s commitment to protecting LGBTQ+ individuals in all sectors, especially as harassment and discrimination in some industries remain prevalent.

The EEOC’s Emphasis on Emerging Issues: AI and Technology in Hiring

With technology playing an increasing role in the workplace, the EEOC has turned its attention to the impact of AI on employment decisions. AI-based hiring tools, while efficient, can inadvertently perpetuate bias if not carefully designed and monitored. The EEOC’s 2024 litigation priorities include:

Challenging Biased Algorithms: The EEOC is concerned about the potential for AI systems to unfairly screen out applicants based on race, gender, or age. For example, algorithms trained on biased data may disproportionately favor younger, male candidates over equally qualified women or older individuals.
Ensuring Transparency and Accountability: The EEOC advocates for transparency in how AI systems make decisions related to hiring and promotions. Employers must ensure their AI tools are compliant with anti-discrimination laws and do not inadvertently disadvantage protected groups.

Protecting Caregiving Employees Under the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA), which came into effect in 2023, requires employers to provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions. In 2024, the EEOC is prioritizing litigation under the PWFA to support employees who are caregivers and may require accommodations. Key focus areas include:

Providing Breaks and Modified Duties: The EEOC is emphasizing cases where pregnant employees or new mothers are denied reasonable adjustments, such as additional breaks, seating accommodations, or modified duties.
Preventing Retaliation Against Caregivers: Many caregivers face retaliation for requesting accommodations related to their caregiving responsibilities. The EEOC’s litigation strategy includes targeting cases where caregiving employees are treated unfairly or face adverse actions due to their family responsibilities.

What These Litigation Priorities Mean for Employers

The EEOC’s focus on vulnerable populations and emerging issues in 2024 serves as a reminder to employers to review and improve their anti-discrimination policies. Here’s how these priorities can impact companies:

Regular Review of Hiring Practices and AI Tools
Employers using AI for hiring or evaluation should conduct audits to ensure their systems do not perpetuate bias. Implementing transparent processes and regularly reviewing algorithms can reduce the risk of discrimination claims and ensure compliance with EEOC guidelines.
Emphasizing Harassment Prevention and Response
Companies should implement clear anti-harassment policies, conduct regular training, and establish confidential reporting channels to prevent a hostile work environment. This includes addressing not only sexual harassment but also harassment based on race, disability, or other protected characteristics.
Accommodations for Pregnant and Disabled Employees
Employers are encouraged to prioritize compliance with the PWFA and ADA by accommodating employees’ physical needs. Providing accommodations such as modified schedules, adjusted responsibilities, or ergonomic support is crucial in demonstrating a commitment to inclusivity and legal compliance.
Promoting an Inclusive Culture for All Employees
Fostering a workplace culture that values diversity and inclusion is essential to mitigating discrimination risks. Employers should ensure that policies and practices align with the EEOC’s focus on protecting vulnerable populations, including implementing mentorship programs, equal pay initiatives, and transparent promotion criteria.

Conclusion

The EEOC’s fiscal year 2024 litigation priorities reflect an intentional shift towards addressing emerging issues and supporting vulnerable populations in the workforce. By focusing on systemic discrimination, workplace harassment, AI bias, and protections for caregiving employees, the EEOC aims to create a more equitable environment for all workers. For employers, staying informed of these priorities and ensuring compliance with anti-discrimination laws is key to fostering a safe and inclusive workplace.

At John J. Zidziunas & Associates, LLC, our employment discrimination lawyers represent employees that have been harmed in New Jersey and Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, or Suffolk County workplaces. For more information on EEOC litigation trends and protecting your rights in the workplace, call us at (212) 516-1868 or contact us here. We represent workers on a contingency fee basis with free consultations. We also defend employers being sued for frivolous and non-legitimate claims.

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