Overview: The US Equal Employment Opportunity Commission (EEOC) is the federal agency that is is responsible for enforcing federal laws regarding employee discrimination, harassment and retaliation.
It handles complaints by employees and applicants based on an individual's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability and genetic information. Similarly, in most states there is a fair employment agency that functions in much the same manner.
Generally, an individual claiming discrimination under federal law may not directly file a lawsuit in court, but rather, the individual must first exhaust his or her administrative remedies and file a charge with the EEOC or an applicable state fair employment agency.
The EEOC investigates employment discrimination claims and also provides mediation services in order to effectuate a settlement. If a settlement is not possible, the EEOC will file a lawsuit in federal court to protect the rights of the individuals involved as well as the public interest in eliminating employment discrimination. The EEOC also provides leadership and guidance on all federal employment discrimination laws.
Trends: In its most recent Strategic Enforcement Plan, the EEOC stated that it will focus on remedying disparate pay and discriminatory language policies especially as applied to immigrant, migrant and vulnerable workers. It will further attempt to eliminate systemic barriers to recruiting and hiring legally protected classes, including barriers in preemployment screening and exclusionary practices. It also emphasized that it will continue to apply sex discrimination provisions to lesbian, gay, bisexual and transgender individuals as well as provide protection and accommodations to pregnant women and individuals with disabilities under the ADA Amendments Act. The EEOC will also reevaluate strategies to be more effective in preventing and responding to harassment in the workplace and increasing education and outreach efforts to employees and employers. Further, employers should be aware that the EEOC is aggressively pursuing employers who use severance and settlement agreements that unlawfully deter employees from filing claims of discrimination or harassment and participating in EEOC investigations.
Author: Beth P Zoller, JD, Legal Editor
Texas employers with 15 or more employees should consider including this model policy statement in their handbook.
Employers covered by Title VII and seeking to advise employees of their right to seek accommodations based on religion should consider including this model policy statement in their handbook.
In a historic ruling, the EEOC has found that sexual orientation discrimination in the workplace is illegal under Title VII of the Civil Rights Act.
Florida employers should consider including this model policy statement in their handbook.
The Equal Employment Opportunity Commission (EEOC) has agreed to a million dollar settlement in a hotly contested disability discrimination lawsuit against United Airlines that garnered national attention.
The US Equal Employment Opportunity Commission (EEOC) has announced that it will launch a pilot program to electronically transmit documents between the EEOC and employers regarding discrimination charges. The program, called ACT Digital, will be implemented in 11 of its 53 offices.
This How To details the steps a prudent employer should take to address domestic violence in the workplace.
The Equal Employment Opportunity Commission has issued proposed regulations on employee wellness programs and compliance with the Americans with Disabilities Act consistent with the Health Information Portability and Accountability Act and the Affordable Care Act.
In EEOC v Mach Mining, the Supreme Court ruled that federal courts have limited powers to review the Equal Employment Opportunity Commission's attempts to end alleged instances of discrimination through informal methods before filing a lawsuit.f
The Equal Employment Opportunity Commission (EEOC) has reached a settlement with Texas-based multistate oil-drilling company Patterson-UTI in a race and national origin discrimination, harassment and retaliation lawsuit. The allegations involved workplaces throughout the country.
HR guidance on understanding the powers and responsibilities of the EEOC.