Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) is a federal agency created by the passage of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission’s mission is “to promote equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws and through education and technical assistance.” In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, religion, sex, or national origin, the Equal Employment Opportunity Commission enforces the following statutes.

• The Age Discrimination in Employment Act of 1967 makes it illegal for employers to discriminate against individuals 40 years of age and older.
  
• The Equal Pay Act of 1963 prohibits discrimination based on gender in compensation for similar work performed under similar conditions.
  
• Title I of the Americans with Disabilities Act of 1990 makes it illegal for employers in the public and private sector, excluding the federal government, to discriminate on the basis of disability.
  
• The Civil Rights Act of 1991 provides for monetary damages in cases where intentional discrimination can be proved and clarifies legislation regarding disparate impact actions. (Disparate impact actions are those which, although not intentionally discriminatory, can be shown to have a disproportionately negative effect on a group defined by race, color, religion, sex, or national origin.)
  
• Section 501 of the Rehabilitation Act of 1973 prohibits discrimination in employment against federal employees with disabilities.

In order to fulfill its mission, the EEOC

• investigates charges brought by individuals who believe they have experienced discrimination in employment, as well as charges initiated by Commissioners themselves
  
• attempts to “conciliate” substantiated charges by negotiating voluntary resolution between the party bringing the charge and the employer
  
• brings suit in federal court in cases where conciliation is not successful
  
• interprets the laws it enforces by means of regulations and other forms of guidance
  
• provides funding and support to state and local agencies, as well as training and assistance programs to employers

Individuals may file charges of employment discrimination at the Equal Employment Opportunity Commission headquarters in Washington, D.C., or at any one of the commission’s 50 field offices. Once charges have been filed, the commission assigns them to one of three categories. Category A charges receive highest priority, in terms of investigation, resource allocation, and settlement effort. Category B charges are identified as those needing more investigation before action is taken. Category C charges are those over which the commission does not have jurisdiction or where the charges are unsupported. Category C charges are not pursued by the EEOC, although complainants are free to file civil suits in such cases.
The Equal Employment Opportunity Commission encourages all parties to negotiate settlements without resorting to litigation, and it has instituted a program to help individuals and employers reach mutually acceptable solutions with the help of trained mediators. When mediation fails, the commission represents victims of employment discrimination in federal court, obtaining monetary judgments against employers of all types and sizes who violate the statutes under the Equal Employment Opportunity Commission’s jurisdiction.
In addition to investigating and resolving employment discrimination cases at the federal level, the EEOC contracts with state and local fair-employment practices agencies (FEPA’s) to handle charges and claims that arise under state and local statutes. The commission’s Federal Sector Program provides for the enforcement of antidiscrimination laws on behalf of employees of the federal government and serves as the point of appeal for complainants against federal agencies. Additionally, the commission coordinates individual federal departments’ and agencies’ equal-opportunity programs, policies, and regulations.
The Equal Employment Opportunity Commission offers education and training to employers, employees, groups representing companies and workers, community organizations, and the general public. Its outreach and education programs include speakers, seminars, booths and displays, a website, and interactive workshops, which are provided free of charge to small businesses, employee groups, job fairs, cultural festivals, and other interested parties. Technical assistance and training programs are fee-based (with fees limited to the cost of providing training and producing training materials) and cover a wide variety of seminars and training courses on general and customer-specific topics aimed at the private sector as well as local, state, and federal government agencies. The goal of the commission’s outreach and education programs is to provide information that will clarify the requirements of the laws and encourage voluntary compliance.
The Equal Employment Opportunity Commission is also responsible for gathering, tabulating, and publishing data on the employment status of women and minorities in a wide variety of private- and publicsector occupations. An important component of this effort is the annual Employer Information Survey, which requires certain employers and government contractors to complete and file an EEO-1 report with the EEOC every year. In addition to processing the information generated by these reports, the commission provides guidance and training for employers in completing the EEO-1.
The EEOC is made up of five commissioners who are appointed by the U.S. president, subject to the consent of the U.S. Senate. Commissioners serve for five years; terms are staggered, and a chairman and vice chairman are chosen by the president. Other key positions include an executive officer, general counsel, inspector general, and legal counsel, as well as directors of communications and legislative affairs; equal opportunity; federal operations; field programs; financial and resource management; human resources; information resources management; and research, information, and planning. The Equal Employment Opportunity Commission budget for fiscal year 2002 was $310.406 million; the budget requested by the president for fiscal year 2003 is $323.516 million. Approximately 90 percent of the commission’s budget is spent on personnel costs (salaries, benefits) and rent. At the end of fiscal year 2001, the commission had the equivalent of 2,704 full-time employees, down from a high of 3,390 in 1980.
Equal Employment Opportunity Commission statistics for fiscal year 2001 indicate that

• 35.8 percent of the 80,840 individual charge filings in that year alleged race-based discrimination
  
• 31.1 percent of cases were for gender-based discrimination
  
• 9.9 percent alleged discrimination on the basis of national origin
  
• gender-based discrimination charges included pregnancy-related discrimination as well as allegations of sexual harassment; of the sexual harassment charges filed in FY2001, 13.7 percent were filed by males
  
• the commission resolved 90,106 cases, reducing the existing backlog by 5 percent
  
• 57.2 percent of the resolutions were dismissals based on the commission’s determination that no reasonable cause existed
  
• 20.7 percent of the resolutions were administrative closures involving cases where the charging party could not be located, withdrew the charges, or refused full relief, or cases where the EEOC did not have jurisdiction
  
• successful resolutions resulted in monetary benefits of $247.8 million for victims of employment discrimination in fiscal year 2001, excluding monetary benefits from litigation
  
• 3,233 EEOC-sponsored educational and training events reached more than 257,000 people, including employers and employees in the public and private sector as well as employee representatives and community organizations.