4 Takeaways on EEOC Compliance: Why HR Leaders Must Stay Vigilant

At a Glance

• The EEOC will hold a Democratic majority until 2026 and is likely to remain consistent with its litigation strategies, even as political dynamics evolve.
• The EEOC is systematically investigating AI-related discrimination in hiring, potentially setting the stage for a landmark case.
• HR leaders should consider using data analysis and self-audits of hiring trends to proactively address compliance risks.

With President-elect Donald Trump set to be sworn in come January, HR leaders may now be evaluating how his administration could impact workplace equity and compliance.  

To assist organizations in navigating Equal Employment Opportunity Commission (EEOC) trends and compliance, SHRM hosted a webinar on Oct. 29 shortly before the election featuring Seyfarth partners Christopher J. DeGroff, Kyle Petersen, and Sam M. Schwartz-Fenwick.

These experts noted that while major shifts in EEOC enforcement are unlikely next year, HR leaders should remain steadfast in prioritizing compliance with regulations to sustain fair workplace practices.
 

Here are four key takeaways from the webinar on the latest EEOC trends.
 

1. EEOC to Maintain Strong Litigation Efforts

The EEOC filed 144 merit lawsuits against U.S. employers over unlawful employment discrimination in fiscal year 2023, the highest number in five years. However, the agency did not carry this momentum into 2024, as roughly 100 lawsuits were filed, one of the lowest counts in nearly three decades.

This downturn does not imply that the EEOC is easing its enforcement efforts or that employers can afford to relax their vigilance against employment discrimination. The decline may instead be linked to budget constraints and a backlog of cases, the experts said.

With a Democratic majority until 2026, the EEOC is likely to remain consistent with its litigation strategies. During the first Trump administration, there were years with no significant shift in the EEOC’s litigation approach or the volume of cases filed. EEOC regional leaders are career officials who are committed to continuing business as usual, Seyfarth’s experts pointed out.  

2. EEOC Priorities Reflect Continuity with Emerging Focus Areas

The priorities of recent EEOC cases largely align with those in previous years, with most lawsuits falling under Title VII and the Americans with Disabilities Act. Some of the primary strategic enforcement priorities for the EEOC are to:  

• Eliminate barriers in recruiting and hiring, which has seen a significant number of EEOC cases. 
• Protect vulnerable workers and populations, and to focus on systemic racial and sexual harassment.

Additionally, the EEOC has taken new actions this year, including: 

• Filing its first case in several years alleging violations of the Genetic Information Nondiscrimination Act, which prohibits discrimination based on an employee’s or applicant’s genetic information in employment and medical coverage.
  
• Filing its first three lawsuits under the Pregnant Workers Fairness Act, a nearly 2-year-old federal law that requires employers to accommodate a wide range of pregnancy-related conditions, not only for current pregnancies but also for past, anticipated, or future pregnancies.

3. EEOC May Be Seeking a Landmark AI Discrimination Case

The EEOC has actively raised concerns about artificial intelligence-related discrimination in recruiting and hiring, specifically when employers use AI-driven tools to screen or source candidates. While the 2024 fiscal year saw no high-profile cases, several systematic investigations have been launched to scrutinize AI practices across industries.

The agency appears intent on finding a significant, precedent-setting case to showcase its commitment to combating AI-based discrimination. For HR departments that use AI in hiring, paying close attention to compliance is essential, as the EEOC is highly motivated to spotlight AI’s potential impact on equal employment opportunities.  

4. Self-Audits Remain Critical for Employers

As a best practice, leaders are advised to conduct a privileged self-audit of their organization, allowing themselves time to review hiring trends internally before potential lawsuits or systematic investigations arise. Attorney review of policies to ensure they keep up with emerging laws and trends is also an important step. It is critical to conduct this assessment under attorney-client privilege to help ensure that sensitive findings remain protected.

Looking Ahead: HR Leaders Must Remain Vigilant

In preparing for 2025, HR leaders should prioritize monitoring recruiting and hiring practices to identify potential employment discrimination liability risks. Both the private plaintiff bar and the EEOC are closely scrutinizing these areas. 

In light of recent trends, the EEOC remains unwavering in its commitment to enforce federal anti-discrimination laws, requiring continued vigilance by HR leaders. The agency’s focus on systematic investigations—particularly in emerging areas such as AI-based discrimination and pregnancy accommodations—signals its readiness to set impactful precedents.