What Is the Equal Employment Opportunity Commission (EEOC)?
I'm here to explain the U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws on discrimination or harassment against job applicants or employees. Congress created the EEOC to enforce Title VII of the Civil Rights Act of 1964, and it started operations on July 2, 1965. It's based in Washington, D.C., and as of 2021, it has 37 field offices across 15 districts in the U.S.
Key Takeaways on the EEOC
Let me break down the essentials: The EEOC investigates discrimination charges against employers involving employees or job applicants. It was established in 1964 to enforce Title VII. The laws apply to companies with 15 or more employees, or 20 for age discrimination cases. These rules cover all work aspects, from hiring and firing to promotions, harassment, training, wages, and benefits.
Due to the COVID-19 pandemic, all physical EEOC field offices are closed, but you can still file a charge online or by calling 1-800-669-4000.
How the EEOC Works
The EEOC enforces laws that prohibit discrimination based on race, color, religion, sex—including pregnancy, gender identity, and sexual orientation—national origin, age if you're 40 or older, disability, or genetic information. It's also illegal to discriminate against someone who complains about discrimination, files a charge, or participates in an investigation or lawsuit. In fiscal year 2020, retaliation accounted for 55.8% of charges filed with the EEOC. Workplace ethics have evolved significantly since the 1960s.
On June 15, 2020, the Supreme Court ruled 6-3 in Bostock v. Clayton County that Title VII protections against sex discrimination extend to LGBTQ workers. Justice Neil Gorsuch wrote that firing someone for being homosexual or transgender involves sex in a way Title VII forbids.
The EEOC’s Authority and Role
The EEOC has authority to investigate discrimination charges against employers with at least 15 employees—or 20 for age cases. This includes many labor unions and employment agencies. Its role is to assess allegations fairly, make findings, and attempt settlements if discrimination is found. It can file lawsuits to protect individuals and the public interest.
These laws apply to all work situations, including hiring, firing, harassment, training, promotions, wages, and benefits. The EEOC also works to prevent discrimination before it happens.
How Does the EEOC Prevent Discrimination?
The EEOC prevents discrimination through outreach, education, and technical assistance. Representatives offer no-cost presentations to groups like professional associations, conferences, employers, and nonprofits, covering the EEOC's mission, enforced laws, and the charge process. Field offices have small business liaisons to answer questions. They provide resources for veterans with disabilities and run the Youth@Work program to educate young workers on rights, including real cases and how to file complaints. For a fee, the EEOC Training Institute offers in-depth employer training.
Employers are liable for their own actions and those of staff, including independent contractors.
What to Do If You Feel You’ve Been Discriminated Against at Work
If you think you've faced discrimination at work due to race, color, religion, sex, national origin, age, disability, or genetic information, file a charge with the EEOC. This is a signed statement describing the discrimination and requesting action. For most laws except the Equal Pay Act, you need to file a charge before suing your employer. Time limits are 180 or 300 days, depending on circumstances. Use the EEOC Public Portal after an online inquiry and intake interview.
Examples of EEOC Jurisdiction
The EEOC investigates employers and staff for harassment or discrimination. For instance, if a manager refuses to hire based on ethnicity or race, the employer is accountable. This extends to unchecked harassment. Even though the EEOC says independent contractors aren't covered, a 2009 court ruling held companies liable for their actions.
Lawsuits have targeted companies failing to address slurs, threats, assaults, sexual comments, or touching. Employers can be penalized for not warning about past misconduct. Remedies include monetary damages, punitive and compensatory, and injunctive relief. In 2020, the EEOC got 67,448 charges, with 38% race-based and 11,497 sex-based harassment claims, down from 2019.
The EEOC encourages settlements via mediation, an informal process with a neutral mediator to resolve differences. If it fails, a formal investigation follows.
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