EEOC prioritizes protection for immigrants, migrants, Muslims, Arabs

The Equal Employment Opportunity Commission, in passing its 2017-2021 “strategic enforcement plan,” said that “tragic events” around the globe involving members of some of those groups could lead to discrimination at U.S. workplaces.

The agency highlighted its new focus on the “backlash discrimination against those who are Muslim or Sikh, or persons of Arab, Middle Eastern or South Asian descent, as well as persons perceived to be members of these groups, as tragic events in the United States and abroad have increased the likelihood of discrimination against these communities.”

Illegal immigration has come under fire since President Trump took office and employers are on alert. Recent terrorist attacks and anti-Islam feelings have also led to charges of employment discrimination against Muslims.

The EEOC has previously said protecting immigrant workers was a top goal, but it doubled down in its new plan. The top priorities from that plan are below:

1. The Commission revises the priority on Immigrant, Migrant and Other Vulnerable Workers to have district offices and our federal sector program identify vulnerable workers and underserved communities within their areas for focused attention. This provides additional support to the development or strengthening of significant partnerships with these groups, which is Performance Measure 8 in the Commission’s Strategic Plan for Fiscal Years 2012-2016.
2. Under the Emerging and Developing Issues priority, the Commission narrows the issues under the Americans with Disabilities Act that fall within the category to qualification standards and inflexible leave policies that discriminate against individuals with disabilities.
3. Under the Emerging and Developing Issues priority, the Commission adds two areas. The Commission adds a new priority to address issues related to complex employment relationships and structures in the 21st century workplace, focusing specifically on temporary workers, staffing agencies, independent contractor relationships, and the on-demand economy. The Commission also adds a focus on backlash discrimination against those who are Muslim or Sikh, or persons of Arab, Middle Eastern or South Asian descent, as well as persons perceived to be members of these groups, as tragic events in the United States and abroad have increased the likelihood of discrimination against these communities.
4. The Commission continues to focus on gender-based pay discrimination. In addition, in recognition of the pay disparities that persist based on race, ethnicity, and for individuals with disabilities and other protected groups, the Commission extends its equal pay priority to explicitly reach all workers.
5. The Commission removes the term “retaliatory actions” from the access to the legal system priority as the term was undefined and resulted in inconsistent application. The Commission refines this priority to focus on significant retaliatory practices that effectively dissuade others in the workplace from exercising their rights, as well as to focus on retaliatory policies.

Paul Bedard, the Washington Examiner’s “Washington Secrets” columnist, can be contacted at [email protected]