Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
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Equal Employment Opportunity Commission

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Equal Employment Opportunity Commission

The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex (including sexual orientation, pregnancy, and gender identity), age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice.

The commission also mediates and settles thousands of discrimination complaints each year prior to their investigation. The EEOC is also empowered to file civil discrimination suits against employers on behalf of alleged victims. The Commission cannot adjudicate claims or impose administrative sanctions. Since 2025, the acting chair of the EEOC is Andrea R. Lucas.

The EEOC has the authority to investigate and prosecute cases against most organizations, including labor unions and employment agencies, employing 15 workers or more, or, in the case of age discrimination, 20 or more workers. The commissioner of the EEOC can issue charges without a complainant, referred to as a "commissioner's charge." Discrimination complaints can be based on hiring, firing, promotions, harassment, training, wages, and/or benefits, and responsibility covers:

The EEOC investigation is confidential until the charge is filed, when the EEOC has 10 days to notify the employer of the charge. Charges may be filed on behalf of someone else to maintain some anonymity, for example, a parent may file a charge on behalf of a minor child.

Because all federal agencies are required to offer an alternative dispute resolution, the EEOC offers mediation with external or internal professional mediators as a voluntary alternative to litigation, which typically results in faster resolutions. In the 2020 fiscal year (FY), the EEOC reported more than 6,000 mediations conducted recovering nearly half of the $333.2 million in relief from mediation, conciliation, and settlement. Mediation is offered, or can be requested, prior to investigation, or after a finding of discrimination has been issued, during conciliation. If the EEOC does not find merit in the charge, they will not offer, nor allow for a request, for mediation. The average mediation with the EEOC takes three months.

Employers have 30 days from receipt of a charge to respond to allegations prior to any investigation or mediation offering, or if voluntary mediation was used, but unsuccessful. Charging parties have 20 days to respond to the respondent's position statement. The EEOC may ask the employer for additional information such as witness interviews, an on-site interview, or personnel files and policies. An investigator will determine whether or not there is reasonable cause to determine whether or not discrimination has occurred. In FY 2020, the EEOC found 17.4% of charged cases to have merit. The EEOC says investigations typically take 10 months or longer.

A right to sue gives claimants the right to file a lawsuit in federal court. Right-to-sue notices are granted when the agency does not pursue litigation, because the claimant requests the notice after 180 days have elapsed into an investigation; the EEOC finds merit following an investigation, but declines to prosecute; or the agency is unable to determine if there is reasonable cause that the law may have been violated.

Charges filed under the Equal Pay Act or Age Discrimination in Employment Act do not require a right to sue. Age discrimination lawsuits may be filed 60 days after the charge has been filed with the EEOC, while lawsuits due to wage discrimination based on sex may be within two years from the last discriminatory paycheck.

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