What does the Equal Employment Opportunity Commission enforce?
The U.S. Equal Opportunity Commision is tasked with making certain that employers comply with certain federal anti-discrimination laws. In 2017 alone, the agency received 84,254 discrimination charges. Employers are responsible for knowing the laws and for following them.
Most businesses that have 15 or more employees are governed by federal anti-discrimination laws. Age discrimination cases apply to companies with 20 or more workers. These laws apply to all stages of employment, including hiring, firing, promotions, benefits, training, harassment and others. The attorneys at Swartz Swidler regularly assist clients with filing discrimination and harassment charges with the EEOC.
Understanding the EEOC
The EEOC is a federal agency that is responsible for enforcing civil rights laws. These laws make it unlawful to discriminate against workers who are members of certain protected classes.
Discrimination is forbidden when it is based on the job applicant’s or employee’s sex, color, religion, race, age, disability or national origin. The EEOC was created by Title VII of the Civil Rights Act of 1964, and its primary purpose is to enforce and interpret the federal anti-discrimination laws. In order to do this, the EEOC investigates discrimination charges, attempts to mediate settlements and holds hearings.
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The laws that the EEOC enforces
The EEOC evaluates complaints that it receives under the federal laws that prohibit employment discrimination. These laws include the following:
- Title VII of the Civil Rights Act of 1964 – Prohibits discrimination against applicants and employees on the basis of color, sex, race, religion or national origin and applies to companies with 15 or more employees
- Pregnancy Discrimination Act – Prohibits discrimination based on childbirth, pregnancy or related medical conditions
- Equal Pay Act – Prohibits wage disparities based on gender
- Americans with Disabilities Act – Prohibits discrimination based on disability status
- Age Discrimination in Employment Act – Prohibits discrimination against employees or applicants who are ages 40 or older because of their ages
- Genetic Information Nondiscrimination Act – Prohibits discriminating against workers in employment and health insurance on the basis of genetic information
What the EEOC does
The EEOC has several responsibilities as the agency that interprets and enforces civil anti-discrimination laws. It investigates EEOC complaints to help reduce the incidence of discrimination. It must fairly and accurately evaluate allegations that are contained in discrimination charges to arrive at an appropriate finding. If the EEOC finds that discrimination has happened, it will attempt to settle the charges. If it cannot settle the charges, the EEOC may then file lawsuits to protect the victims as well as the public. However, not all EEOC complaints end up in lawsuits.
The EEOC also uses education, outreach and technical assistance programs to try to prevent discrimination from occurring. The agency issues guidance on issues that may happen in the workplace.
How complaints are handled
When you file a complaint against your company, your employer will be sent a notice by the EEOC within 10 days. Filing a charge against your employer does not automatically mean that your employer will be found to have engaged in discrimination. The EEOC will then conduct an investigation to make its determination. During the investigation, the agency may contact both you and your company to ask for additional information. It will then make a recommendation about whether it believes there is a reason to believe that unlawful discrimination has happened. The EEOC may offer mediation to the parties in an effort to help you to reach a resolution. The EEOC may engage in employment litigation on your behalf if it believes that discrimination occurred and no settlement is reached.
If the EEOC cannot determine that discrimination has occurred, you may receive a dismissal and notice of rights. When you receive this notice, you will have the right to file a lawsuit against your employer within 90 days. If you receive a notice of determination that discrimination is believed to have occurred, you will be invited to resolve your matter with the agency. If it is not resolved, the EEOC may then file a lawsuit, or it may grant you leave to file it on your own.
The EEOC plays an important role in helping to end workplace discrimination. If you have been the victim of discrimination at your job, it is important for you to act quickly and to follow the proper steps. The attorneys at Swartz Swidler can guide you through the process in order to help you to protect your rights. To learn more, contact our office today.
Most Frequently Asked Question: Do I Have A Case?
While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page
Most Frequently Asked Question:
Do I Have A Case?
While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.
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9 Tanner Street, Ste. 101
Haddonfield, NJ 08033
Phone: (856) 685-7420
Fax: (856) 685-7417
Philadelphia Satellite Office
123 South 22nd Street
Philadelphia, PA 19107
Phone: (215) 995-2733
Our Locations
Haddonfield Headquarters
9 Tanner Street, Ste. 101
Haddonfield, NJ 08033
Phone: (856) 685-7420
Fax: (856) 685-7417
Philadelphia Satellite Office
123 South 22nd Street
Philadelphia, PA 19107
Phone: (215) 995-2733