The Equal Employment Opportunity Commission (EEOC) broke new ground in late 2012 with the release of its first Strategic Enforcement Plan (SEP) publicly identifying its top enforcement priorities. Since that time, the EEOC’s enforcement and litigation program has largely focused on the priority areas laid out in the SEP: 
- Eliminating barriers for recruiting and hiring;
- Protecting vulnerable workers;
- Addressing select emerging and developing issues;
- Ensuring equal pay protections;
- Preserving access to the legal system; and
- Preventing systemic harassment.
On October 17, 2016, the agency released its new five-year plan. The EEOC’s SEP for fiscal years 2017 through 2021 leaves no doubt that it will continue to focus on strategic systemic investigations and litigation. According to EEOC Chair Jenny Yang, the updated SEP builds on the agency’s existing plan by sharpening its current enforcement priorities and including additional areas of emerging concern.
Equal pay protection a priority for all workers
While the EEOC intends to reinforce its efforts to address pay discrimination based on sex under the Equal Pay Act and Title VII of the Civil Rights Act of 1964, it is also planning to broaden its focus beyond gender-based pay discrimination. The new SEP states that “in recognition of the pay disparities that persist based on race, ethnicity, and for individuals with disabilities and other protected groups,” the EEOC will also focus on compensation systems and practices that discriminate on any protected basis.
Backlash discrimination an emerging issue
In the SEP, the EEOC recognizes that recent world events, such as the tragic terrorist attacks in France and Germany, as well as San Bernardino, California, and Orlando, Florida, have increased the likelihood that workers who are Muslim or Sikh or of Arab, Middle Eastern, or South Asian descent will face discrimination in the workplace. To address such concerns, the agency has included on its list of select emerging and developing issues backlash discrimination against people who are, or who are perceived to be, members of those groups.
Focus on the tech sector
In recent months, the EEOC has increasingly turned its attention to workforce issues in the technology industry. In May, the agency held a public meeting and issued a report on diversity in the tech sector. In October, it held a second meeting examining the use of big data in employment selection. As a result, it isn’t surprising that the EEOC chose to include tech sector workforce issues under two of its SEP priority areas.
The EEOC announced its plan to address issues related to “complex employment relationships” and structures in the 21st century by focusing specifically on temporary workers, staffing agencies, independent contractors, and the on-demand economy as an “emerging and developing priority issue.” The agency will address the growth of the temporary workforce, the increased reliance on data-driven selection devices, and the lack of diversity in certain industries and workplaces, such as technology, as new areas of focus within its “barriers in recruiting and hiring” priority.
In addition to the new SEP, the agency indicated that it will create at least two internal working groups to focus on issues affecting employees in the tech industry. At the public meeting on big data, EEOC Chair Jenny Yang announced that the agency is putting together a working group to focus on the use of algorithms in employment decisions. The following week, the agency indicated that a separate internal working group will be tackling diversity in the tech industry.
Takeaway
If the last few years are any indication, the EEOC will continue to focus its enforcement and litigation efforts on the 
strategic priorities in its SEP, with a clear emphasis on cases involving diversity in the tech industry, complex employment relationships, data-driven selection, and other issues affecting tech workers.
Leslie E. Silverman is an attorney with Fortney & Scott, LLC, in Washington, D.C. You can reach her at lsilverman@fortneyscott.com.