Equal Employment Opportunity Commission (EEOC)

The Commission's Agenda

The antidiscrimination provisions of Title VII of the Civil Rights Act of 1964 apply to the federal government, private employers that employ fifteen or more individuals, and state and local governments. The law also applies to employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training programs. U.S. companies that employ U.S. citizens in foreign countries and multinational employers that operate in the United States are covered under equal employment opportunity laws, with certain limited exceptions.

The EEOC is also responsible for enforcing the Equal Pay Act, which protects women who perform equal work in the same company from gender-based pay discrimination; the Age Discrimination Act, which protects individuals who are 40 years of age or older; the Americans with Disabilities Act, which prohibits employment discrimination against individuals with disabilities; and the Rehabilitation Act of 1973, which prohibits discrimination against individuals with disabilities who work for the federal government. The commission also provides oversight and coordination of all federal equal employment opportunity regulations and policies.

The EEOC is administered by five commissioners who are appointed by the president and confirmed by the Senate. Commissioners are appointed to staggered, 5-year terms. The president designates a chair, who serves as the chief executive officer of the agency, and a vice chair. The commission carries out its responsibilities through the Office of Field Programs, the Office of General Counsel, and fifty-one field offices. The agency's Office of State and Local Programs maintains work-sharing agreements and a contract services program with more than ninety state and local agencies that are responsible for enforcing state and local antidiscrimination laws. In the 2005 fiscal year, 75,428 charges were filed with the EEOC. During the same year, 417 court cases were filed by the agency.

Enforcement Procedures

Individuals who believe that they have been the victims of unlawful discrimination may file a charge with the EEOC. The charge must be filed within 180 days after the alleged unlawful activity occurred or within 300 days after the action occurred if the individual had previously filed a charge with a state or local agency. Most states and many localities have enacted laws that prohibit employment discrimination, and many of them have administrative agencies that are responsible for enforcing those laws. The EEOC anticipates that state and federal enforcement efforts will be complementary rather than duplicative. Thus, the state and local agencies are given an opportunity to investigate and resolve disputes if a charge is filed at the state or local level. However, the state agency must be approved by the EEOC, and, even in approved jurisdictions, a victim of unlawful discrimination can elect to pursue a claim under federal, rather than state, laws. However, filing an administrative charge with the EEOC is a prerequisite to filing a civil action in court.

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