EMPLOYMENT CORNER

The EEOC was created in direct response to the call for justice and human rights. In 2022 the EEOC focused on advancing racial justice in the workplace and secured nearly $350 million for parties of discrimination in the private sector and state and local government workplaces. In its continued efforts, the EEOC filed thirteen systemic lawsuits and resolved some 300 systemic investigations, obtaining $30 million for victims of discrimination, a slight increase in from the prior year. 

For the first time in five years, the EEOC saw a 20% increase in filings, 14% of which were related to the COVID-19 Pandemic. As a direct response to the COVID-19 Pandemic, the EEOC added new sections to address religious objections to vaccinations, retaliation against workers for violations of Equal Employment Opportunity laws, and when COVID-19 can become a disability under the ADA. 

Lastly, the EEOC noted an increased interest in the use of artificial intelligence (“AI”) and algorithmic fairness in employment decisions and vows to “ensure that employment-related AI and algorithmic decision-making tools comply with federal civil rights laws.”  The promise of AI in employment decisions is to eliminate the implicit bias of a decision-makers and expand the pool of potential candidates. Thus, AI-based tools have the potential to promote diversity, equity, and inclusion by expanding the applicant pool and focusing on candidates’ abilities rather than well-worn proxies that are capable of perpetuating historical biases. The development of algorithmic decision-making creates both opportunities and novel issues of concern for employers, which generate new questions about long-time problems centered around litigation of intentional and “disparate impact” discrimination which are both unlawful under Title VII and other non-discrimination laws.