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Equal Employment Opportunity Commission

Equal Employment Opportunity Commission

Equal Employment Opportunity Commission: Everything You Need to Know

The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing laws prohibiting discrimination in the workplace. The EEOC is responsible for investigating claims of discrimination, providing education and outreach to employers and employees, and enforcing anti-discrimination laws. In this article, we will dive into what the EEOC is, how it works, and some of the key considerations for employees and employers.

What is the EEOC?

The EEOC was established in 1965 as part of the Civil Rights Act. The EEOC is responsible for enforcing federal laws that prohibit discrimination in the workplace based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (over 40), disability, and genetic information.

The EEOC is an independent federal agency with the power to investigate claims of discrimination, subpoena documents and witnesses, and file lawsuits on behalf of victims of discrimination. The EEOC also works to educate employers and employees on their rights and responsibilities under the law.

How does the EEOC work?

The EEOC receives complaints of discrimination from employees and investigates claims to determine whether there is evidence of discrimination. If the EEOC determines that there is evidence of discrimination, it may attempt to resolve the claim through settlement or file a lawsuit on behalf of the victim of discrimination.

The EEOC also conducts investigations and audits of employers to ensure that they are complying with anti-discrimination laws. The EEOC may also bring lawsuits against employers for systemic discrimination, which is discrimination that affects a large group of employees.

The EEOC provides education and outreach initiatives to employers and employees to raise awareness of their rights and responsibilities under anti-discrimination laws. The EEOC also provides guidance to employers on how to prevent discrimination in the workplace.

Key Considerations for Employees

Employees who have experienced discrimination in the workplace may file a complaint with the EEOC. Here are some key considerations for employees who are filing a complaint with the EEOC:

1. Time Limits: Employees must file a complaint with the EEOC within 180 days of the alleged discrimination or within 300 days if the employee is filing with a state or local fair employment agency. It’s important to file a complaint as soon as possible to ensure that the complaint is timely.

2. Evidence: Employees must provide evidence to support their claim of discrimination. This may include emails, memos, witness statements, and other forms of evidence.

3. Retaliation: Employers are prohibited from retaliating against employees who file a complaint with the EEOC or participate in an investigation. If an employee experiences retaliation, they may file a retaliation claim with the EEOC.

4. Remedies: If the EEOC determines that there is evidence of discrimination, the relief that an employee may be entitled to includes back pay, reinstatement, hiring, promotion, compensatory damages, and punitive damages.

Key Considerations for Employers

Employers should be aware of the laws prohibiting discrimination in the workplace and take steps to prevent discrimination. Here are some key considerations for employers:

1. Policies and Procedures: Employers should adopt and enforce policies and procedures that prohibit discrimination in the workplace. Employers should also provide training to employees and supervisors on anti-discrimination laws and how to prevent discrimination.

2. Records: Employers should maintain records relating to hiring, promotion, and termination decisions to ensure that they are making decisions based on legitimate business reasons and not discriminatory reasons.

3. Complaint Procedures: Employers should provide an avenue for employees to file complaints of discrimination and take complaints of discrimination seriously. Employers should conduct prompt and thorough investigations of complaints of discrimination and take appropriate action if discrimination is found.

4. Avoiding Retaliation: Employers should avoid retaliating against employees who file a complaint of discrimination or participate in an investigation. Employers should take steps to ensure that they are not retaliating against employees, such as avoiding negative comments in an employee’s file or adverse employment actions.

Recent Developments

The EEOC has been active in recent years in enforcing anti-discrimination laws and providing guidance to employers and employees. Here are some recent developments:

1. Sexual Harassment: The #MeToo movement has brought sexual harassment in the workplace to the forefront, and the EEOC has responded by providing guidance on how to prevent and respond to sexual harassment in the workplace.

2. Pregnancy Discrimination: In 2015, the Supreme Court ruled in Young v. United Parcel Service that employers must provide the same accommodations for pregnant employees as they do for other employees with similar limitations. This ruling has clarified the law on pregnancy discrimination.

3. Transgender Discrimination: The EEOC has taken the position that discrimination based on gender identity is discrimination based on sex, which is prohibited by federal law. This position has been upheld by several courts and provides protection for transgender employees against discrimination in the workplace.

Conclusion

The EEOC plays an essential role in protecting employees from discrimination in the workplace. Employees who have experienced discrimination should file a complaint with the EEOC, while employers should take steps to prevent discrimination and provide a mechanism for employees to file complaints. Recent developments in the law, including the #MeToo movement and court decisions on pregnancy and transgender discrimination, have highlighted the importance of the EEOC’s role in enforcing anti-discrimination laws and providing guidance to employers and employees. By working together, employers and employees can create a workplace free from discrimination.


Overview of the Equal Employment Opportunity Commission

In 2011, individuals filed 99,947 through the Equal Employment Opportunity Commission (EEOC).  The Commission enforces federal laws that restrict discrimination of a job applicant based on their race, color, religion, sex, national origin, age, disability, or genetic information.  The EEOC also hears cases when a person was discriminated against because they complained about discrimination, filed charges, or participated in an investigation or lawsuit pertaining to discrimination.

EEOC laws cover employers with 15 or more employees or 20 or more employees in age discrimination cases.  These laws cover situations involving hiring, termination, promotions, harassment, wages, benefits, and training.  The EEOC investigates cases and files lawsuits, but they don’t file lawsuits in all cases.

Laws Enforced by the Equal Employment Opportunity Commission

The following laws are enforced by the EEOC:

·         Title VII of the Civil Rights Act of 1964

·         The Pregnancy Discrimination Act

·         The Equal Pay Act of 1963 (EPA)

·         The Age Discrimination in Employment Act of 1967 (ADEA)

·         Title I of the Americans with Disabilities Act of 1990 (ADA)

·         Sections 102 and 103 of the Civil Rights Act of 1991

·         Section 501 and 505 of the Rehabilitation Act of 1973

·         The Genetic Information Nondiscrimination Act of 2008 (GINA)

Laws Not Enforced by the Equal Employment Opportunity Commission

The following laws are not enforced by the EEOC:

·         The Civil Service Reform Act of 1978 (CSRA)

·         The Immigration Reform and Control Act of 1986 (IRCA)

·         Executive Order 11246

·         Title VI of the Civil Rights Act of 1964

·         Title II or Title III of the Americans with Disabilities Act (ADA)

·         The Family and Medical Leave Act (FMLA)

·         The Occupational Safety and Health Act of 1970 (OSHA)

·         Section 503, 504, and 508 of the Rehabilitation Act

·         The Social Security Act

·         The Fair Labor Standards Act

·         National Labor Relations Act

·         Section 1981 of the Civil Rights Act of 1866

·         Workers’ Compensation Laws

·         Title I of the Genetic Information Nondiscrimination Act

How to File a Charge with the Equal Employment Opportunity Commission

If you’re a federal employee, your complaint process is different.  You can review the process on the EEOC’s website.

You should file the complaint with the closest EEOC office to where you live.  You need to make sure you file in time.  The deadline is 180 days, and it is extended to 300 days if a state or local law is enforced and prohibits the type of discrimination you’re complaining about.

You can file the complaint with your local EEOC or your local Fair Employment Practices Agency (FEPA).  The EEOC some FEPAs have agreements to dually file the complaint to protect the person’s rights under federal and state/local law.

You can file in person, by phone, online, or by mail.  If you file by mail, include the following:

·         your name, address and telephone number

·         the name, address, and telephone number of the employer you’re filing the complaint against

·         the number of employees at the employer

·         a short description of the discrimination that occurred

·         when the discrimination took place

·         the specific reason you were discriminated against (age, race, sex, etc)

·         signature

Source: https://www.eeoc.gov/