Last year, the EEOC unveiled its Strategic Enforcement Plan (“SEP”) for Fiscal Years 2024-2028. Within this plan, the EEOC identified a key priority as “the continued underrepresentation of women and workers of color in certain industries and sectors.” One major area of focus is the representation of workers in STEM (Science, Technology, Engineering, Mathematics) fields.
The EEOC is taking concrete steps to advance this enforcement initiative. Recently, the agency published a report titled, “High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector 2014 – 2022.” This comprehensive analysis examined extensive workforce data, revealing significant underrepresentation of women and people of color, especially Black and Hispanic individuals, in STEM-oriented industries and sectors.
These trends concern the EEOC, which believes it must make a dedicated effort to “combat discriminatory barriers in the high tech workforce and high tech sector and achieve equal opportunity for all workers.” According to the EEOC, these efforts will include industry outreach, technical assistance manuals, investigations of discrimination charges, and potential litigation.
In this report, the EEOC defines the “high tech workforce” as those employed in 56 STEM occupations across various industries. Additionally, the “high tech sector” is described as any industry with a high concentration of high tech workers (at least 20% of the workforce) and includes non-STEM roles such as administrative and sales positions. Notable examples include computer systems design, data processing, aerospace products, computer equipment manufacturing, telecommunications, and architectural and engineering services.
Within the high tech workforce, the EEOC found that 40.1% identify as workers of color. However, Black and Hispanic workers are underrepresented relative to their presence in the overall U.S. workforce. Specifically, in 2022:
– Hispanic workers represented 18.7% of the total U.S. workforce but only 9.9% of the high tech workforce;
– Black workers accounted for 11.6% of the total U.S. workforce but just 7.4% of the high tech workforce;
– In contrast, Asian workers comprised 6.5% of the total U.S. workforce yet made up 18.1% of the high tech workforce, while Caucasian workers represented 58.4% of the total U.S. workforce and 59.9% of the high tech workforce in 2022.
The EEOC also noted that women are significantly underrepresented in the high tech workforce. In 2022, women held only 22.6% of jobs in this sector, compared to their 47.3% representation in the total U.S. workforce. This underrepresentation is even more pronounced in higher-paying roles, where women occupied just 19.4% of these positions.
Our DC employment lawyers recommend that employers in STEM industries should pay close attention to the EEOC’s focus. While the report does not assign blame or investigate potential causes, it is evident that the EEOC believes the industry must recognize these disparities. The EEOC has signaled its intention to pursue systemic discrimination claims, often relying on publicly available data and reports. For instance, class action lawsuits may use workforce data, such as underrepresentation, to support claims of disparate impact that could withstand dismissal motions under Rule 12(b)(6). Thus, the EEOC’s analysis of this data could have implications beyond education, potentially entering the litigation sphere.
The EEOC report also notes that the Bureau of Labor Statistics forecasts the STEM workforce will grow at three times the rate of the overall U.S. workforce through 2032. Given that STEM jobs are typically higher-paying and more stable, the EEOC’s focus on this sector is likely to persist. STEM employers should remain aware of the EEOC’s initiatives, consult with legal experts to conduct workforce audits, and ensure that any hiring tools, like resume screening software, do not inadvertently disadvantage certain groups of job applicants. Taking proactive steps now can help protect employers from the EEOC’s scrutiny in the future.