EEOC V

The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex (including sexual orientation, pregnancy, and gender identity), age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice.

The commission also mediates and settles thousands of discrimination complaints each year prior to their investigation. The EEOC is also empowered to file civil discrimination suits against employers on behalf of alleged victims. The Commission cannot adjudicate claims or impose administrative sanctions. Since 2025, the acting chair of the EEOC is Andrea R. Lucas.

Process and enforcement

Authority

The EEOC has the authority to investigate and prosecute cases against most organizations, including labor unions and employment agencies, employing 15 workers or more, or, in the case of age discrimination, 20 or more workers. The commissioner of the EEOC can issue charges without a complainant, referred to as a "commissioner's charge."{{Cite web, title=Systemic Enforcement at the EEOC {{! U.S. Equal Employment Opportunity Commission, url=https://www.eeoc.gov/systemic-enforcement-eeoc, access-date=2022-01-27, website=EEOC, archive-date=2022-01-28, archive-url=https://web.archive.org/web/20220128053028/https://www.eeoc.gov/systemic-enforcement-eeoc, url-status=live Discrimination complaints can be based on hiring, firing, promotions, harassment, training, wages, and/or benefits, and responsibility covers:

* Title VII of the Civil Rights Act of 1964
* Sections 102 and 103 of the Civil Rights Act of 1991
* Pregnancy Discrimination Act
* Equal Pay Act of 1963
* Title I of the Americans with Disabilities Act of 1990
* Sections 501 and 505 of the Rehabilitation Act of 1973
* Age Discrimination in Employment Act of 1967
* Genetic Information Nondiscrimination Act
* Pregnant Workers Fairness Act

Process

The EEOC investigation is confidential until the charge is filed, when the EEOC has 10 days to notify the employer of the charge.{{Cite web, title=What You Can Expect After You File a Charge {{! U.S. Equal Employment Opportunity Commission, url=https://www.eeoc.gov/what-you-can-expect-after-you-file-charge, access-date=2022-01-27, website=EEOC, archive-date=2022-01-27, archive-url=https://web.archive.org/web/20220127105918/https://www.eeoc.gov/what-you-can-expect-after-you-file-charge, url-status=live Charges may be filed on behalf of someone else to maintain some anonymity, for example, a parent may file a charge on behalf of a minor child.

Alternative dispute resolution

Because all federal agencies are required to offer an alternative dispute resolution, the EEOC offers mediation with external or internal professional mediators as a voluntary alternative to litigation, which typically results in faster resolutions.{{Cite web, title=Mediation {{! U.S. Equal Employment Opportunity Commission, url=https://www.eeoc.gov/mediation, access-date=2022-01-27, website=EEOC, archive-date=2022-01-27, archive-url=https://web.archive.org/web/20220127081340/https://www.eeoc.gov/mediation, url-status=live In the 2020 fiscal year (FY), the EEOC reported more than 6,000 mediations conducted recovering nearly half of the $333.2 million in relief from mediation, conciliation, and settlement.{{Cite web, date=2 April 2021, title=EEOC FY 2020 Statistics: EEOC's Recovery on Behalf of Employees Dramatically Increased, Number of Discrimination Charges at All-Time Low, url=https://www.jdsupra.com/legalnews/eeoc-fy-2020-statistics-eeoc-s-recovery-9089875/, access-date=2022-01-27, website=JDSupra, language=en, archive-date=2022-01-28, archive-url=https://web.archive.org/web/20220128053033/https://www.jdsupra.com/legalnews/eeoc-fy-2020-statistics-eeoc-s-recovery-9089875/, url-status=live Mediation is offered, or can be requested, prior to investigation, or after a finding of discrimination has been issued, during conciliation. If the EEOC does not find merit in the charge, they will not offer, nor allow for a request, for mediation. The average mediation with the EEOC takes three months.

Respondent's position statement and investigation

Employers have 30 days from receipt of a charge to respond to allegations prior to any investigation or mediation offering, or if voluntary mediation was used, but unsuccessful. Charging parties have 20 days to respond to the respondent's position statement. The EEOC may ask the employer for additional information such as witness interviews, an on-site interview, or personnel files and policies. An investigator will determine whether or not there is reasonable cause to determine whether or not discrimination has occurred. In FY 2020, the EEOC found 17.4% of charged cases to have merit. The EEOC says investigations typically take 10 months or longer.

Right to sue

A right to sue gives claimants the right to file a lawsuit in federal court. Right-to-sue notices are granted when the agency does not pursue litigation, because the claimant requests the notice after 180 days have elapsed into an investigation; the EEOC finds merit following an investigation, but declines to prosecute; or the agency is unable to determine if there is reasonable cause that the law may have been violated.

Charges filed under the Equal Pay Act or Age Discrimination in Employment Act do not require a right to sue. Age discrimination lawsuits may be filed 60 days after the charge has been filed with the EEOC, while lawsuits due to wage discrimination based on sex may be within two years from the last discriminatory paycheck.

Litigation

The Office of General Counsel, which is led by an appointee of the president that has been confirmed by the Senate for a four-year term, prosecutes EEOC cases to recover relief for complainants the agency has found to be victims of discrimination. The EEOC does not have the resources to file a lawsuit in every case where discrimination has been found and weighs the seriousness and potential impact on determining whether or not to litigate. In FY 2020, the EEOC recovered $106 million in relief through litigation of 93 meritorious lawsuits, 13 of which were systemic, accounting for $69.9 million of the relief. The EEOC defines systemic cases as "pattern or practice, policy and/or class cases where the discrimination has a broad impact on an industry, profession, company or geographic location," and all cases are investigated as potentially systemic.

Remedies

When a finding of discrimination is found by the EEOC, the goal of the agency is injunctive relief, both to put the victim in the position they would have been in had the discrimination not occurred, and to stop and prevent the discriminatory behavior. This could include back-pay, job reinstatement, attorney's fees, expert witness fees, court costs, other compensatory damages, and punitive damages. Age-based discrimination and gender-based wage discrimination are not eligible for compensatory or punitive damages, but instead are limited to liquidated damages equal to the amount of back pay. Pecuniary