Learn all about the Equal Employment Opportunity Commission, also known as the EEOC. Understand the definition and meaning of EEOC and learn its role and responsibilities.
Updated: 04/17/2022
What is the Equal Employment Opportunity Commission (EEOC)?
What is the EEOC?
Commonly known as the EEOC, the Equal Employment Opportunity Commission has primary purpose of preventing unlawful discrimination in the workplace. The EEOC may become involved in a case when an allegation is made that a minority employee has been treated less favorably than someone in a similar role who is not in a protected class. A protected class describes a group of individuals in a category or with a characteristic that employers cannot use in making employment-related decisions.
The importance of the EEOC cannot be overstated. In the years since its existence, the Commission has helped thousands of employees and candidates mitigate the impact of discrimination in employment. The ways that the EEOC has advanced equality include:
- Ensuring that race, ethnicity, and national origin are not considered when making employment decisions
- Promoting equal pay for women and minorities
- Requiring employers to make reasonable accommodations for employees covered under the ADA
- Preventing employers from retaliating against employees who report discrimination or cooperate with authorities during investigations
The EEOC is important to both employers and employees. For employees, the EEOC can provide support by informing them of their rights so that their recourse is not limited to filing a lawsuit. For employers, the EEOC offers guidance that can reduce the employer's exposure to complaints of discrimination. Like all regulatory agencies, the EEOC does not sponsor or participate in legislation enacted by Congress. Its role is exclusively to enforce existing law.
How Does the EEOC Work?
The EEOC works by investigating allegations of unlawful discrimination of employees or job candidates who believe themselves to be the victims of workplace discrimination. The EEOC then screens the allegation to determine if the claim - if true - would fall within the agency's scope of jurisdiction.
The EEOC commonly declines to pursue a large number of complaints received for various reasons, including the following:
- The respondent employer does not meet the size threshold for EEOC enforcement. The EEOC's enforcement authority on most matters is restricted to companies with more than 15 employees. However, EEOC enforcement actions related to age discrimination require the company to have at least 20 employees.
- The allegation does not establish a prima facie case. This occurs when the claim made - even if true - would not have constituted unlawful discrimination.
- The complaining party is not in a protected class recognized by the EEOC. The EEOC supports those subject to discrimination based on characteristics like race, religion, ethnicity, and gender. Regardless of the merit of a claim, the EEOC cannot act on wrongful termination complaints on any other grounds.
If the EEOC determines that the allegation meets the requisite standard, then it will work to facilitate a dialogue between the parties. This process generally follows the paradigm that each party's statements of fact are true, with the opposing party being allowed an opportunity to refute the claim. While it may seem a foregone conclusion that the parties cannot agree, it is often the case that it is not the material facts in dispute but the motivations, reasons, or processes that led to the establishment of these facts in the first place.
When the material facts of the allegation are established, the EEOC may advise the parties as to the presence or absence of unlawful discrimination. If the Commission determines that illegal discrimination did not occur, they may issue a document explaining the complainant's right to sue in federal court. Although the party is permitted to file a lawsuit without a supporting finding from the EEOC, the party bringing the suit must make the court aware that the EEOC did not find unlawful discrimination occurred.
If the EEOC determines that discrimination may have occurred, the Commission will initiate a pre-litigation process to remedy the discrimination. This process often involves negotiation, mediation, or even proceedings before an EEOC administrative law judge. In rare instances where the EEOC and employer cannot reach any mutually agreeable resolution, the EEOC is empowered to litigate against the employer in federal court. Litigation is a rare and extreme remedy used in only a small fraction of EEOC cases.
Definition & Concept
The Equal Employment Opportunity Commission (EEOC) is a federal government agency that enforces federal employment discrimination laws and regulates certain employment activities. These laws cover discrimination based upon race, national origin, color, religion, sex, disability or genetic information. Examples of work situations subject to enforcement include hiring, firing, training, promotion, wages, benefits, and harassment. Businesses should be aware of the EEOC to ensure compliance with the law, and employees should be aware of the organization to know their rights.
You must cCreate an account to continue watching
Register to view this lesson
Are you a student or a teacher?
Create Your Account To Continue Watching
As a member, you'll also get unlimited access to over 84,000 lessons in math, English, science, history, and more. Plus, get practice tests, quizzes, and personalized coaching to help you succeed.
Get unlimited access to over 84,000 lessons.
Try it now
It only takes a few minutes to setup and you can cancel any time.
Already registered? Log in here for access
BackResources created by teachers for teachers
Over 30,000 video lessons
& teaching resources‐all
in one place.
I would definitely recommend Study.com to my colleagues. It’s like a teacher waved a magic wand and did the work for me. I feel like it’s a lifeline.
Jennifer B.
Teacher
Back
Your next lesson will play in
10 seconds
Federal Laws Enforced by the EEOC
The EEOC's broad enforcement authority is drawn from a relatively narrow set of statutes they enforce. Employers and employees must have a basic familiarity with these important statutes so that both parties understand the intent of the laws and the actions that employers must take to comply.
Title VII of the Civil Rights Act of 1964
Often referred to as simply Title VII, this law is the bedrock of the EEOC's enforcement actions. Title VII contains the language nearly every American is familiar with regarding Civil Rights. Specifically, Title VII establishes that race, religion, national origin, ethnicity, and gender are all off-limits in employment decisions. Employers may not consider these factors in any way whatsoever when making workplace decisions.
Title VII also prohibits retaliation. Retaliation occurs when adverse employment actions are taken because an employee cooperates with investigators or makes a claim of their own. The complaint itself need not be true for retaliation to occur. If an employee made the complaint in good faith, employers may not retaliate even if the allegation is not sustained.
Finally, Title VII protects religious observances in the workplace. Title VII requires employers to accommodate religious practices and clothing to a reasonable extent. Reasonable is somewhat subjective, but the EEOC usually defines the term as accommodation that does not create a safety risk or substantially interfere with the employer's business.
The Equal Pay Act of 1963
Commonly called the EPA, the Equal Pay Act of 1963 makes it unlawful to pay similarly situated persons different wages based on gender. This means that the EEOC will pursue allegations of women receiving lower wages than their male counterparts, provided all other things are equal. As in most other statutes enforced by the EEOC, the EPA only applies to persons who share the same job or role and generally perform the same work. The same retaliation prohibitions in Title VII also apply to the EPA.
The Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 is often referred to by the acronym ADEA. This statute is slightly more narrow than other civil rights legislation in that it establishes a specific class - persons over the age of 40 - and prevents discrimination on those grounds. Like other similar statutes, it is unlawful to retaliate for cooperating with investigations or making complaints under this Act.
Title 1 of the Americans With Disabilities Act of 1990
Commonly called the ADA, this Act prohibits discrimination based on disability. The ADA contains two major provisions with which an employer must comply. The first is a mirror image of its counterparts. An employer may not discriminate against an individual with a disability when that individual is otherwise fully qualified for the job. The same anti-retaliation provisions also apply.
The second prong of the ADA involves reasonable accommodation. Employers are obligated under the ADA to make an affirmative effort to modify the workplace to permit individuals with a disability to carry out their duties. Reasonable has been held by the courts to generally mean any accommodation that would not pose an undue burden on a business.
 |
The Genetic Information Nondiscrimination Act of 2008
GINA, the acronym for the Genetic Information Nondiscrimination Act of 2008, creates a new protected class of individuals who possess specific genetic characteristics. This means that employers may not make employment decisions based on genetic information, genetic testing cannot be a condition of employment, and no employee can be compelled to provide genetic information to their employer. Notwithstanding the name, this Act protects not only genetic information but also the medical information of family members as well. In other words, an employer may not consider the medical conditions of an employee's or candidate's family when making employment decisions.
The Role and Responsibilities of the EEOC
While the EEOC has regulatory authority over most private companies in the United States, it also has a role in the federal government itself. When responding to internal (employees of the federal government) complaints of discrimination, the EEOC intervenes before a complaint is formally filed.
This intervention may take place in two ways. Each federal department has an embedded EEO counselor who can work 1:1 with an individual complainant to seek a mutually acceptable solution. If this option is declined, the complaining party may choose instead to engage in an alternative dispute resolution process similar to mediation.
If this initial process fails to bring a resolution, the remainder of the process is similar to that of the private sector. A formal complaint is filed, and the agency renders a formal decision that is considered final. A party dissatisfied with the outcome has two ways to seek review. First, an appeal can be made to the EEOC itself where the initial decision will be reviewed at a higher level. Finally, as in the private sector, the dissatisfied party may file a lawsuit.
Lesson Summary
The EEOC enforces federal laws that prohibit unlawful discrimination. Discrimination occurs when an individual is subject to adverse employment decisions because of their race, religion, age, pregnancy status, or other criteria that put them in a protected class. The EEOC helps employers develop non-discriminatory policies, and it helps employees who have suffered unlawful discrimination. Like most regulatory agencies, the EEOC does not create laws but is charged with enforcing laws passed by Congress. The EEOC works by taking in complaints from individuals who believe themselves to be the victims of discrimination. The Commission's representatives investigate the complaint and determine the presence or absence of unlawful discrimination. The EEOC may negotiate a settlement or file a lawsuit against the employer if discrimination is found.
The EEOC is the primary agency enforcing federal laws such as the Civil Rights Act, Equal Pay Act, Age Discrimination Act, Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act. In addition to enforcing these Acts, the EEOC also acts to investigate and sanction employers that retaliate against employees who initiate complaints or cooperate with authorities investigating complaints. Specific to its enforcement of certain provisions of the ADA, the EEOC may also make determinations about an employer's duty to make reasonable accommodations. (Employers are generally required to make nominal workplace changes for individuals with disabilities who are otherwise qualified for the job they seek or hold.)
Finally, the EEOC fulfills its private sector mission within the federal government itself. It provides additional services to government departments including formal alternative dispute resolution and an enhanced appeal process.
Authority & Roles
The EEOC is authorized to investigate complaints of employment discrimination filed by employees against employers. Employers who have at least 15 employees are usually subject to the employment discrimination laws the EEOC enforces, with the exception of age discrimination, which requires 20 employees.
When an employee files a complaint of discrimination, the EEOC will give the employer an opportunity to respond. The EEOC will then investigate the claim. If it determines that there has been a violation of employment discrimination law, the EEOC will try to resolve the claim between the employer and employee. If the claim cannot be resolved, the EEOC has the authority to file a lawsuit against the employer in federal court. An employee also has a right to pursue relief in court if it does not agree with the EEOC's findings.
The EEOC also attempts to prevent discrimination before it happens. It has outreach programs and provides information, guidance, and technical assistance to employers. In addition, the EEOC provides education to employers and employees.
Lesson Summary
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces several employment discrimination laws and has the authority to investigate claims, make findings of discrimination, and attempt to resolve discrimination claims between employees and employers. It also has the authority to pursue litigation in federal court if a settlement cannot be reached. The EEOC engages in proactive prevention of employment discrimination through various outreach and education programs as well.
To unlock this lesson you must be a Study.com Member.
Create your account
Video Transcript
Definition & Concept
The Equal Employment Opportunity Commission (EEOC) is a federal government agency that enforces federal employment discrimination laws and regulates certain employment activities. These laws cover discrimination based upon race, national origin, color, religion, sex, disability or genetic information. Examples of work situations subject to enforcement include hiring, firing, training, promotion, wages, benefits, and harassment. Businesses should be aware of the EEOC to ensure compliance with the law, and employees should be aware of the organization to know their rights.
Authority & Roles
The EEOC is authorized to investigate complaints of employment discrimination filed by employees against employers. Employers who have at least 15 employees are usually subject to the employment discrimination laws the EEOC enforces, with the exception of age discrimination, which requires 20 employees.
When an employee files a complaint of discrimination, the EEOC will give the employer an opportunity to respond. The EEOC will then investigate the claim. If it determines that there has been a violation of employment discrimination law, the EEOC will try to resolve the claim between the employer and employee. If the claim cannot be resolved, the EEOC has the authority to file a lawsuit against the employer in federal court. An employee also has a right to pursue relief in court if it does not agree with the EEOC's findings.
The EEOC also attempts to prevent discrimination before it happens. It has outreach programs and provides information, guidance, and technical assistance to employers. In addition, the EEOC provides education to employers and employees.
Lesson Summary
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces several employment discrimination laws and has the authority to investigate claims, make findings of discrimination, and attempt to resolve discrimination claims between employees and employers. It also has the authority to pursue litigation in federal court if a settlement cannot be reached. The EEOC engages in proactive prevention of employment discrimination through various outreach and education programs as well.
To unlock this lesson you must be a Study.com Member.
Create your account
Frequently Asked Questions
What is the EEOC and what is its purpose?
The Equal Employment Opportunity Commission (commonly called by the acronym EEOC) exists to prevent and remedy discrimination in the workplace. The EEOC is the go-to resource for individuals who believe they are victims of discrimination in the workplace.
What laws does the EEOC enforce?
The EEOC enforces a number of federal laws. Some of the key pieces of legislation enforced by the EEOC include the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Genetic Information Nondiscrimination Act.
Why is EEOC important?
The EEOC is important because it provides support for victims of unlawful workplace discrimination. Without the EEOC, individuals impacted by unlawful discrimination would have almost no recourse other than the extremely costly and lengthy process of filing suit in court.
Register to view this lesson
Are you a student or a teacher?
Unlock Your Education
See for yourself why 30 million people use Study.com
Become a Study.com member and start learning now.
Become a MemberAlready a member? Log In
BackResources created by teachers for teachers
Over 30,000 video lessons
& teaching resources‐all
in one place.
I would definitely recommend Study.com to my colleagues. It’s like a teacher waved a magic wand and did the work for me. I feel like it’s a lifeline.
Jennifer B.
Teacher
Back
Equal Employment Opportunity Commission | What is the EEOC?
Related Study Materials
Explore our library of over 84,000 lessons
Browse by subject