These documents explain how the law works in the real world, typically using lots of examples to flesh out the details. When the EEOC is considering regulatory action or looking at developing civil rights issues, it often holds hearings and solicits public comments to inform its decision-making process. If a federal government employee wants to complain about discrimination, harassment, or retaliation, the employee must first file a complaint with the EEO office in the employee's own agency, which investigates and processes the complaint.
The complaint may be heard — and a decision issued -- by an administrative law judge. The primary way most employees encounter the EEOC is through its charge-handling function.
The EEOC takes charges complaints of discrimination from employees and applicants. Filing a charge is a legal prerequisite to filing a lawsuit; employees who fail to complain to the EEOC or a similar state agency and give it an opportunity to process the charge won't be allowed to sue. Once the EEOC receives a charge, it evaluates the employee's claims and decides how to proceed.
Among the options:. If the employee wants to go ahead with a lawsuit while the EEOC is still processing the charge, the employee may request a right to sue letter.
Even if the employee doesn't request one, the EEOC will issue a right to sue letter to the employee once it finishes processing the charge.
This aptly named document states that the employee has met the requirement of filing a charge and may proceed to court. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Directives and Guidance. Applicant Flow Data. Form Reporting. Employers are liable for both their own behavior and that of their staff members, even including independent contractors. This is a signed statement, describing how an employer, union, or labor organization engaged in employment discrimination, that asks the EEOC to take remedial action. All of the laws enforced by the EEOC, except for the Equal Pay Act, require you to file a charge of discrimination before you can file a job discrimination lawsuit against your employer.
There are time limits of either or calendar days, depending on certain circumstances. The EEOC may specifically investigate not only employers for violations but also members of their staff accused of engaging in harassment or discrimination.
For example, if a manager refuses to interview or hire qualified job candidates solely because of their ethnicity or race, then the employer can be held accountable for allowing racist behavior to persist. This also can be applied to employers who permit harassment to continue unchecked. And although the EEOC itself says that independent contractors are not subject to anti-discrimination laws, in , the U. Second Circuit Court of Appeals ruled in Halpert v.
Manhattan Apartments that companies can be held liable for independent contractors who act on their behalf. The EEOC has filed lawsuits against companies where corrective action was not taken after derogatory slurs, threats, assaults, unwanted sexual comments, or inappropriate touching occurred in the workplace. Companies also can be penalized for not warning employees about past misconduct committed by another employee or manager with whom they are directed to work.
EEOC lawsuits might seek monetary damages, including punitive and compensatory damages and injunctive relief. Charges for sex-based harassment, which includes charges for sexual harassment, clocked in at 11,, down by nearly 1, from The EEOC is open to attempts to settle cases before the issue is investigated and possibly taken to trial. It offers a mediation procedure, an informal process in which two parties can work with a neutral mediator to see if they can reach a reconciliation of their differences.
If mediation fails, then the EEOC proceeds to formally investigate the complaint. Equal Employment Opportunity Commission. Equal Opportunity Employment Commission. Supreme Court of the United States. Accessed April 6, Business Essentials. Actively scan device characteristics for identification. Memoranda of Understanding. Informal Discussion Letters Although they do not represent Commission policy or legal opinions, these letters from EEOC's Office of Legal Counsel offer technical assistance in response to questions from the public on how the EEO laws may apply in particular fact situations.
Other Laws Federal laws prohibiting discrimination or regulating workplace issues that are enforced by agencies other than the EEOC. Report a problem.
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