The Equal Employment Opportunity Commission, commonly referred to as the EEOC, is a federal agency responsible for enforcing the nation’s workplace discrimination laws. The EEOC investigates complaints of discrimination and, in some cases, takes legal action on behalf of workers who have been treated unlawfully by their employers.
The sections below discuss EEOC enforcement and the process for filing an EEOC claim.
What Laws Does the EEOC Enforce?
The EEOC is responsible for enforcing several major federal employment laws, including:
- Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, and national origin
- The Age Discrimination in Employment Act (ADEA), which protects workers 40 years of age and older from age-based discrimination
- The Americans with Disabilities Act (ADA), which prohibits discrimination against qualified individuals with disabilities
- The Equal Pay Act of 1963, which requires equal pay for equal work regardless of sex
- The Pregnancy Discrimination Act, which prohibits discrimination based on pregnancy, childbirth, or related medical conditions
- Title II of the Genetic Information Nondiscrimination Act (GINA), which prohibits discrimination based on genetic information
The EEOC has jurisdiction over most private employers with 15 or more employees, as well as federal government agencies, employment agencies, and labor organizations. Employers with fewer than 15 employees may not be subject to EEOC rules.
How Does the EEOC Process Work?
Before filing a federal lawsuit for employment discrimination, most workers are required to first file a charge of discrimination with the EEOC. Here are the general steps in the EEOC process:
Filing a Charge
You file a charge with the EEOC explaining the nature of the discrimination you experienced. There are strict time limits for doing so. In most states, you must file within 180 to 300 days of the discriminatory act.
Investigation
The EEOC will notify your employer and may investigate the charge by reviewing records, interviewing witnesses, and gathering other relevant evidence.
Mediation
In some cases, the EEOC may offer mediation as an alternative to a full investigation. Mediation is a voluntary process in which a neutral third party helps both sides reach a resolution.
Determination
After completing its investigation, the EEOC will issue a determination. If it finds reasonable cause to believe discrimination occurred, it may attempt to reach a negotiated settlement with the employer.
Right to Sue
If the EEOC is unable to resolve the charge or closes its investigation for any reason, it will issue a “right to sue” letter. This letter gives you the right to pursue your claim in federal court. You generally have 90 days from receiving this letter to file a lawsuit.
What Happens After the EEOC Process Ends?
It is important to understand that the EEOC does not represent individual workers. The agency investigates charges of discrimination on behalf of the public interest. In some cases, the EEOC may choose to litigate on behalf of a worker or a group of workers, but this is not the norm.
For this reason, having your own attorney throughout the EEOC process is strongly advisable. An experienced employment lawyer can help you file your charge and build the strongest possible case for what comes next.
Contact a Phoenix Employment Lawyer at Houk Employment Attorneys for Help
If you believe you have experienced workplace discrimination, an experienced employment law attorney can help you pursue fair resolutions through the EEOC process or the court system. Your attorney will protect your rights throughout each process and work to recover compensation and other forms of accountability for the discrimination you’ve experienced.
For more information, please contact the experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
