EEOC addresses civil rights in light of COVID-19 pandemic

On April 28, the Equal Employment Opportunity Commission (EEOC) held its first meeting under the Biden administration: a public hearing on “Workplace Civil Rights Implications of the COVID-19 Pandemic.” The primary focus of the hearing was on the pandemic’s devastating impact on the U.S. workforce. Twelve panelists testified about pandemic-related losses and amplified inequities suffered by people of color, Native Americans, people with disabilities, immigrants, older workers, and women, and by specific segments of the workforce, such as essential frontline and migrant workers. The panel also included the employer’s perspective and discussed the pandemic-related issues employers are currently grappling with and are looking to the commission for guidance.

Key takeaways

The EEOC’s priority issues have been displaced and delayed. The pandemic’s disproportionate impact on frontline workers and protected groups should be the primary driver of EEOC guidance, outreach, and enforcement priorities during the Biden administration.

Employers should anticipate an increase in charges and commission focus on hiring, accommodation, harassment, retaliation, and compensation disparity, especially as these issues concern workers most severely affected by the pandemic.