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EEOC Targeted Enforcement Activity 2024-28: Technology and AI, Releases and NDAs, Arbitration Provisions, Equal Pay

Guiding Clients Through Risk Analysis; Creating Compliance Strategies

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, May 21, 2024 (in 3 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will guide employment practitioners through the EEOC's Strategic Enforcement Plan Fiscal Years 2024-2028 and the areas of agency focus and enforcement activity, including the use of technology and AI in the workplace and its potential discriminatory impact, so that counsel may help their clients identify potential risk exposure in those areas and create compliance strategies.


In its most recent Strategic Enforcement Plan, the EEOC identified six key areas of employment practices on which it will be focusing enforcement activity for the fiscal years 2024-2028. Counsel should be aware of the EEOC's investigative priorities to help their clients identify potential risk exposure in those areas and develop compliance strategies to mitigate risk.

Not surprisingly, much of the EEOC's attention will be on the use of technology in the workplace, including AI, and its potentially discriminatory impact. In the key area of eliminating barriers in recruitment and hiring, the EEOC states its focus will include: (1) the use of technology to target job advertisements, recruit applicants, or make hiring decisions where such technology excludes or impacts protected groups; (2) reliance on restrictive application processes including online systems that are difficult for individuals with disabilities to access; and (3) the use of screening tools, including AI, that disproportionately impact workers on a protected basis.

Other key areas on which the agency will focus include advancing equal pay for all workers, protecting vulnerable workers from underserved communities from employment discrimination, and preserving access to the legal system by eliminating overly broad waivers, releases, and nondisclosure agreements and unlawful arbitration provisions.

Listen as our expert panel guides employment practitioners through the EEOC's Strategic Enforcement Plan Fiscal Years 2024-2028. The panel will discuss key areas on which the agency will be focusing enforcement activity so that counsel can best advise their employer clients on policy and procedural developments that will maintain compliance and mitigate risk.



  1. Introduction
  2. EEOC subject matter priorities
    1. Eliminating barriers in recruitment and hiring
      1. Technology/AI
      2. Policies and practices
    2. Protecting vulnerable workers and persons from underserved communities
    3. Addressing selected emerging and developing issues
      1. Qualification standards and policies that discriminate against individuals with disabilities
      2. Protecting workers affected by pregnancy, childbirth, or related medical conditions
      3. Addressing discrimination influenced by or arising as backlash in response to local, national, or global events
    4. Advancing equal pay for all workers
    5. Preserving access to the legal system
      1. Overly broad waivers, releases, NDAs
      2. Unlawful arbitration provisions
    6. Preventing and remedying systemic harassment
  3. Best practices for compliance to mitigate risk


The panel will review these and other key issues:

  • On what areas of workplace technology will the agency focus?
  • What areas of agency focus will affect employment agreements?
  • How will the agency's focus on equal pay for all workers impact employer wage practices?
  • How should counsel use the EEOC's strategic enforcement plan to help employer clients identify risk exposure and create compliance strategies?


Lamm, Emily
Emily M. Lamm

Gibson Dunn & Crutcher

Ms. Lamm’s practice focuses on employment litigation, counseling, and investigations. She has substantial...  |  Read More

Maatman, Gerald
Gerald L. Maatman, Jr.

Partner, Chair Workplace Class Action Group
Duane Morris

Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most...  |  Read More

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