Employment Discrimination and the EEOC

Employment Discrimination

  • Definition: Employment discrimination refers to workplace-related discrimination that affects:

    1. Hiring processes
    2. Treatment during employment (promotions, demotions, work schedules, conditions, assignments)
    3. Disciplinary actions (reprimands, suspensions, terminations)

  • Historical Context:

    • U.S. common law provided minimal protections against discrimination based on characteristics like race, color, gender, religion, national origin, age, or disabilities.
    • The Equal Pay Act of 1963 was the first significant step toward prohibiting discrimination based on gender regarding pay disparity.
    • The Civil Rights Act of 1964 introduced comprehensive antidiscrimination protections in U.S. history.
    • Additional protections may exist at the state level, beyond federal statutes.

Equal Employment Opportunity Commission (EEOC)

  • Establishment: Created as part of the Civil Rights Act of 1964 to oversee employer compliance with antidiscrimination laws.

    • Comprised of a five-member commission appointed by the President with Senate approval.

  • Functions:

    1. Receive Complaints: Employees claiming discrimination must file a complaint with the EEOC (within 180 days post job action).
    2. Investigation and Enforcement:
    • The EEOC investigates claims, aided by its authority to access documents and gather evidence.
    • It can invoke conciliation negotiations to settle claims before them escalating to litigation.
    • If conciliation fails, the EEOC may file a lawsuit on behalf of the employee, providing significant legal resource support against larger employers.

  • Limitations: The EEOC can only pursue a limited number of claims, focusing on cases with legal significance or egregious employer conduct (e.g., intimidation against employees).

Asserting a Discrimination Claim

  • Filing Process:
    1. An employee must file a complaint with the EEOC's local office generally within 180 days of the adverse action.
    2. The EEOC notifies the employer and begins a preliminary investigation.
    3. Conducts conciliation negotiations for potential settlements.
    4. If unresolved after 180 days, an employee can request a right-to-sue letter, enabling them to bring a lawsuit in federal court, regardless of EEOC's investigation outcome.