EEOC SEP FY24-28 (AI priority)
EEOC Strategic Enforcement Plan FY 2024-2028 — Algorithmic Hiring Priority
United States · 88 Fed. Reg. 65042
- Status
- In effect
- Took effect
- September 21, 2023
- Applies to
- U.S. employers (Title VII covered) using AI in employment decisions
- Enforced by
- Equal Employment Opportunity Commission
EEOC's Strategic Enforcement Plan elevates algorithmic and AI hiring discrimination to one of the agency's top investigation priorities through FY 2028 — even after the agency removed its 2023 AI technical assistance documents in January 2025.
Who is protected: U.S. job applicants and employees subject to AI hiring tools
Legal detail
EEOC Strategic Enforcement Plan for FY 2024-2028, 88 Fed. Reg. 65042 (Sept. 21, 2023). Designates 'algorithmic and AI-related discrimination in employment' as a priority within the 'protecting vulnerable workers' enforcement focus. Survived the Jan. 27, 2025 removal of AI technical assistance.
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Strength | Limited |
| Enacted | September 21, 2023 |
| Citation | 88 Fed. Reg. 65042 |
| Private right of action | Yes, individuals can sue |
| Penalties | Back pay; reinstatement; compensatory and punitive damages (Title VII caps) |
| Topics | AI hiring and employment · automated decision-making · consumer protection |
| Agency page | EEOC Strategic Enforcement Plan FY 2024-2028 (88 FR 65042) |
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Related AI hiring and employment rules elsewhere
- CA EO N-6-26 (AI Workforce) · In effect
- Maine LD 61 (employer surveillance disclosure & prohibition) · In effect
- Washington SHB 1672 (employee monitoring notice, ADS restrictions, emotion AI ban) · In effect
- MD HB 1339 (Automated Decision Systems, 2026) · In effect
- Connecticut PA 26-73 (employee electronic monitoring disclosure) · In effect
- AI Gendered Impact Assessment + Interagency Taskforce · Proposed / pending
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