EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
The Equal Employment Opportunity Commis-
sion (EEOC) is the federal agency charged with
eliminating discrimination based on race, color,
religion, sex, national origin, disability, or age, in
all terms and conditions of employment. The
EEOC investigates alleged discrimination
through its 50 field offices, makes determina-
tions based on gathered evidence, attempts con-
ciliation when discrimination has taken place,
and files lawsuits. The EEOC also oversees com-
pliance and enforcement activities relating to
equal employment opportunity among federal
employees and applicants, including discrimina-
tion against individuals with disabilities.
The EEOC was created by title VII of the
CIVIL RIGHTS ACT OF 1964, 42 U.S.C.A. § 2000e-4.
Title VII was amended by the Equal Employ-
ment Opportunity Act of 1972, Pub. L. No. 92-
261, Mar. 24, 1972, 86 Stat. 103; the Pregnancy
Discrimination Act of 1978, Pub. L. No. 95-555,
Oct. 31, 1978, 92 Stat. 2076, codified at 42
U.S.C.A. § 2000e(K); and the Civil Rights Act of
1991, Pub. L. No. 102-166, 105 Stat. 1071. On
July 1, 1979, responsibility for enforcement of
the EQUAL PAY ACT OF 1963, 29 U.S.C.A. §§ 201
et seq., and the Age Discrimination in Employ-
ment Act of 1967, 29 U.S.C.A. §§ 626 et seq., in
private industry as well as state and local gov-
ernments, was transferred from the DEPART-
MENT OF LABOR to the EEOC. The Equal Pay Act
prohibits gender-based pay differences for sub-
stantially equal work requiring equal skill and
responsibility; the Age Discrimination Act pro-
hibits employment discrimination against
workers or applicants 40 years of age or older.
Title I of the Americans with Disabilities Act of
1990 (ADA), 42 U.S.C.A. §§ 12101 et seq. has
been enforced by the EEOC since July 1992. Title
I governs private employers, state and local gov-
ernments, employment agencies, labor organiza-
tions, and joint labor-management committees.
The ADA prohibits employment discrimination
against qualified individuals with disabilities
and requires that employers make reasonable
accommodations for these individuals.
Complaints under Title VII of the Civil
Rights Act of 1964
Title VII of the Civil Rights Act of 1964 pro-
hibits employment discrimination based on race,
color, religion, sex, or national origin, by private
employers, state and local governments, educa-
tional institutions with 15 or more employees,
the federal government, private and public
employment agencies, labor organizations, and
joint labor-management committees for appren-
184 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Editionticeship and training. Charges of title VII viola-
tions outside the federal sector must be filed with
the EEOC within 180 days of the alleged viola-
tion or in states with fair employment practices
agencies, within 300 days. The EEOC is responsi-
ble for notifying the persons charged, within 10
days after receiving a charge. Before investiga-
tion, charges must be deferred for 60 days to state
or local fair employment practices agencies in
localities with a fair employment practices law
covering the alleged discrimination. If the agency
has been operating less than one year, the charges
must be deferred for 120 days.
Under work-sharing agreements between
the EEOC and state and local fair employment
practices agencies, the EEOC routinely assumes
authority over certain charges of discrimination
and proceeds with its investigation. If reasonable
cause exists to believe that a charge is true, the
district, area, or local office uses informal con-
ciliation conferences to try to remedy the unlaw-
ful practices. If an acceptable agreement cannot
be reached, the case is submitted to the EEOC
for possible litigation. If litigation is approved,
the EEOC brings suit in federal district court.
Under title VII, the attorney general brings
suit when a state or local government or politi-
cal subdivision is involved. If litigation is not
approved or if a finding of no reasonable cause
is made, the charging party is allowed to sue
within 90 days in federal district court. The
EEOC may intervene in such actions if the case
is of general public interest.
Complaints under the Americans with
Disabilities Act of 1990
The Americans with Disabilities Act of 1990
incorporates the remedies and procedures con-
tained in title VII of the Civil Rights Act of 1964.
Employment discrimination charges based on
disability may be filed at any of the EEOC’s field
offices. The EEOC investigates and attempts to
conciliate the charges using the same procedures
as for charges filed under title VII. The litigation
procedures under title VII also apply to charges
filed under the ADA.
The progress in creating a genetic “map” for
humans in the 1990s was hailed by scientists
who hoped a better understanding of genetic
makeup might someday help prevent debilitat-
ing diseases including cancer and Alzheimer’s
disease. Along with that promise came the fear
that employers might use a person’s genetic
information to deny employment. In February
2000 President BILL CLINTON signed EXECUTIVE
ORDER 13145, which prohibits federal depart-
ments and agencies from using protected
genetic information to make hiring decisions.
Complaints under the Age
Discrimination in Employment Act of
1967 and Equal Pay Act of 1963
The Age Discrimination in Employment Act
of 1967 and Equal Pay Act of 1963 cover most
employees and job applicants in private industry
and in the federal, state, and local governments.
An age discrimination charge must be filed with
the EEOC within 180 days of the alleged viola-
tion, or where the action took place in a state
that has an age discrimination law and an
authority administering that law, within 300
days of the violation or 30 days after receiving
the notice of termination of state proceedings,
whichever is earlier. A lawsuit must be filed
within two years of the alleged discriminatory
act or within three years in cases of a willful vio-
lation of the law.
Under the Civil Rights Act of 1991, a lawsuit
must be filed within 90 days of the plaintiff ’s
receipt of a notice of final action. The EEOC
first attempts to end the alleged unlawful prac-
tice through informal conciliation. If concilia-
tion fails, the EEOC may sue. Individuals may
sue on their own behalf 90 days after filing a
charge with the EEOC and the appropriate state
agency. If the EEOC takes legal action, an indi-
vidual covered by the lawsuit may not file a pri-
vate action.
A lawsuit under the Equal Pay Act of 1963
may be filed by the EEOC or by the com-
plainant. There are no prerequisites for bringing
a private action under this law. Wages may be
recovered for a period of up to two years prior to
the filing of a suit, except in a case of willful vio-
lation, for which three years’ back pay may be
recovered. The name of the individual filing the
complaint may be kept confidential at the
administrative level.
Complaints against the
Federal Government
Federal employees or job applicants who
want to file complaints of job discrimination
based on race, color, national origin, sex, reli-
gion, age, or physical or mental disability must
first consult an equal employment opportunity
counselor with the employees’ or applicants’
agency within 45 days of the alleged discrimina-
