EEOC Roundtable

2 years ago

Last week I reported that the Equal Employment Opportunity Commission (EEOC) had held its
last listening session on their proposed strategic plan. The listening session included comment
from multiple parties, including the Society for Human Resources Management (SHRM). As I
mentioned last week, there was discussion at the onset about providing access to the strategic
plan through a publication on the Federal Register due to a lack of comments (none) in the
EEOC’s listed email box and a concern regarding accessibility. (I’ll let you know when I finally
find it.) Ultimately, it was determined that the item would be considered at another point so
the feedback for the planned session could proceed. We will be monitoring this item for
potential updates.

There were multiple items discussed in this listening session which would normally be
considered under the EEOC’s jurisdiction, but a few items were repeating themes. One item
was the use of artificial Intelligence (AI) in the selection of candidates for employment. As we
have reported previously, the EEOC and OFCCP conducted a prior roundtable session on AI. The
discussion around AI in the strategic plan listening session revolved around both the employer
and the vendors who create AI technology and the importance of not eliminating qualified
applicants.

Another theme regarded the use of temporary employees. Specifically, that in some cases
temporaries were being used long-term and that in other cases, temporary employees had no
assurance and were easily reassigned without being given a specific reason other than there
was no work available. One commentor stated that when temporaries experienced EEOC
violations, that often the temporary was reassigned instead of the issue being addressed.
Another commentor suggested that temporary employees could potentially be counted in EEO-
1 reports.

Also, important to know is that on the heels of the items discussed related to the EEOC’s
proposed strategic plan, the Department of Labor (DOL) just published its proposal to rescind a
2021 (Rule 1C) regarding the independent contractor classification and additional modification
in the Federal Register. The 2021 Rule 1C provides for a weighted factor system within which
two of five economic reality factors were given greater weight. The Federal Register proposes
that the factors should have an equal weight.

Given the recruitment and retention challenges employers are currently experiencing, some
employers have had to consider using different resources for getting work done and will want
to remain informed on potential changes to regulatory issues surrounding temporary
employees and independent contractors. We will be monitoring the web on this subject and
many other employment subjects. If you would like to learn more about our compliance related
expertise, contact SWHRC today!