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EEOC Overview



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EEOC




The U.S. Equal Employment Opportunity Commission

U.S. Equal Employment Opportunity Commission: An Overview

Mission

The mission of the U.S. Equal Employment Opportunity Commission (EEOC) is to eradicate employment discrimination at the workplace.

Statutory Authority

The EEOC was established by Title VII of the Civil Rights Act of 1964 and began operating on July 2, 1965. The EEOC enforces the following federal statutes:

  • Title VII of the Civil Rights Act of 1964, as amended, prohibiting employment discrimination on the basis of race, color, religion, sex, or national origin;
  • the Age Discrimination in Employment Act (ADEA) of 1967, as amended, prohibiting employment discrimination against individuals 40 years of age and older;
  • the Equal Pay Act (EPA) of 1963 prohibiting discrimination on the basis of gender in compensation for substantially similar work under similar conditions;
  • Title I and Title V of the Americans with Disabilities Act (ADA) of 1990, prohibiting employment discrimination on the basis of disability in the private sector and state and local government;
  • Section 501 and 505 of the Rehabilitation Act of 1973, as amended, prohibiting employment discrimination against federal employees with disabilities; and,
  • the Civil Rights Act of 1991 providing monetary damages in cases of intentional discrimination and clarifying provisions regarding disparate impact actions.

EEOC Enforcement Activities

Overview

With its headquarters in Washington, D.C., and through the operations of 50 field offices nationwide, the EEOC coordinates all federal equal employment opportunity regulations, practices, and policies. The Commission interprets employment discrimination laws, monitors the federal sector employment discrimination program, provides funding and support to state and local Fair Employment Practices Agencies (FEPAs), and sponsors outreach and technical assistance programs.

Any individual who believes he or she has been discriminated against in employment may file an administrative charge with the EEOC. After investigating the charge, the EEOC determines if there is reasonable cause to believe discrimination has occurred. If reasonable cause is found, the EEOC attempts to conciliate the charge by reaching a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the Commission may bring suit in federal court. As part of the administrative process, the EEOC may also issue a Right-to-Sue-Notice to the charging party, allowing the charging party to file an individual action in court without the Agency's involvement.

Charge Handling System

The EEOC receives between 75,000 and 80,000 charges annually. Under the Commission's charge processing system, all charges are classified in one of three basic categories for purposes of investigation and resource allocation: Category A charges are given priority investigative and settlement efforts due to the early recognition that discrimination has likely occurred; Category B charges require further investigation to determine if a violation has occurred; and Category C charges include non- jurisdictional and unsupported charges that are closed immediately. Settlements are encouraged at all stages of the process.

FY 2000 Enforcement Highlights

  • Received 79,896 charges of discrimination: 21,961 A charges (27.5%); 43,493 B charges (54.4%); and 13,698 C charges (17.1%).
  • Obtained a record-breaking $245.7 million for victims of discrimination through pre-litigation administrative enforcement.
  • Cut the average charge processing time to 216 days, down from 265 days in FY 1999, 310 days in FY 1998, and 379 days in FY 1996.
  • Increased the number of merit resolutions (those resolutions with favorable outcomes to the charging party) to 21% up from 17% in FY 1999, 12% in FY 1998, and 9% in FY 1996.

National Enforcement Plan

In February 1996, the Commission voted to implement the National Enforcement Plan (NEP) to improve the Agency's administrative and litigation enforcement procedures. The NEP established priorities for processing and litigating private sector discrimination charges; outlined strategies for developing Local Enforcement Plans (LEPs) in EEOC field offices; and delegated autonomous authority to the General Counsel to intercede, without prior approval from the Commission, in matters involving routine litigation.

National Mediation Program

EEOC's mediation-based alternative dispute resolution (ADR) program encourages all parties, with the assistance of a neutral mediator, to voluntarily participate in confidential deliberations that resolve discrimination issues in appropriate cases. A comprehensive report on those who participated in the mediation program, prepared in FY 2000 by a consortium of professors from Maryland colleges and universities, concluded that the overwhelming majority of employers (96%) and charging parties (91%) said they would use the program again if party to an EEOC charge. Moreover, the report also showed that both employers and charging parties expressed strong satisfaction with the EEOC mediation process, finding it to be a highly effective dispute resolution mechanism.

FY 2000 Mediation Highlights

  • Increased the number of successful resolutions through voluntary mediation by 52% to 7,438, up from 4,833 in FY 1999 and 1,631 in FY 1998.
  • Obtained $108.4 million in monetary benefits through mediation, up from $58.5 million in FY 1999 and $17 million in FY 1998.
  • Maintained a settlement success rate for mediated cases of 65%.
  • Mediated cases on an average of 96 days.

Small Business Initiative

EEOC's Small Business Initiative focuses on small and mid-sized businesses which may lack the resources to implement effective anti-discrimination measures. To improve its relationship with small and mid-sized employers, the EEOC expanded its voluntary mediation program nationwide, designated a small business liaison in every district office, published public information material in "plain language," updated the small business information section on its Web site, and developed regional small business outreach plans in EEOC field offices. Through the initiative, the Commission continues to improve customer service and expand outreach, education, and technical assistance to the employer community.

FY 2000 Small Business Highlights

  • Received an agency rating of "Excellent" by the Small Business Administration's National Ombudsman for Regulatory Fairness.

Comprehensive Enforcement Plan

The Comprehensive Enforcement Program (CEP), formulated and launched in FY 1999, improves all aspects of EEOC's private and federal sector operations. Under the CEP, enforcement and legal resources are linked to provide efficient and effective service to the public. In the private sector, the CEP emphasizes collaboration among EEOC outreach, investigatory, and legal staff in improving customer service; increasing outreach, education, and technical assistance to employers; quickly resolving charges more effectively; and enforcing the law when employers fail to voluntarily take corrective action. The federal sector CEP links all of EEOC's responsibilities outreach, complaint adjudication, on-site reviews, training, technical assistance, and data analysis to streamline the federal process in addressing equal employment opportunity (EEO) complaints.

FY 2000 CEP Highlights

  • Obtained a combined total of $293.2 million in monetary benefits for private sector victims of employment discrimination through administrative resolutions, mediation, and litigation.
  • Slashed the pending inventory (backlog) of charges to a 17-year low of 34,297 down 15% from 40,184 in FY 1999 and 69% from an all-time high of over 111,000 charges in FY 1995.

Litigation

Through its litigation program, overseen by the Office of General Counsel, EEOC files lawsuits in a wide variety of professional fields addressing egregious discrimination on behalf of individuals in various occupations. In addition, the Commission files amicus curiae or "friend of the court" briefs in appellate and trial courts in support of Commission positions, usually in cases involving issues important to the development of the laws EEOC enforces.

FY 2000 Litigation Highlights

  • Filed 327 suits and resolved 428 suits.
  • Obtained $47 million in monetary relief for victims of discrimination.
  • Increased the percentage of policy and multiple party cases in the active litigation docket to 38%, up from 32% in FY 1999 and 28% in FY 1996.

State and Local Programs

The EEOC contracts with approximately 90 state and local Fair Employment Practices Agencies (FEPAs) to process discrimination charges. These claims are filed under state and local laws prohibiting employment discrimination as well as federal laws enforced by the EEOC.

FY 2000 FEPA Highlights

  • FEPAs resolved 55,785 charges under contract with the EEOC. These charges are in addition to the 79,896 received by the EEOC in FY 2000.

Federal Sector Program

In addition to private sector enforcement, EEOC enforces anti-discrimination laws in the federal sector. EEOC conducts thousands of hearings each year for federal employees who have filed discrimination complaints. When a federal agency issues a final decision on a discrimination complaint, the complainant can appeal the decision to the EEOC if he/she is not satisfied with the outcome. The Commission also ensures that federal agencies maintain EEO programs required under Title VII and the Rehabilitation Act. Moreover, under Executive Order 12067, the Commission coordinates all federal programs and administers EEO statutes, executive orders, regulations, and policies that have EEO implications.

FY 2000 Federal Sector Highlights

  • Reduced the federal sector hearings inventory by 13% and the appeals inventory by 14% from their FY 1999 levels.

Outreach Activities

EEOC's outreach, education, and technical assistance efforts are vital components of the agency's mission to eradicate employment discrimination. The goal of the agency's outreach program is twofold: first, to encourage and facilitate voluntary compliance with the anti-discrimination laws among employers and employer groups in the private and federal sectors; and second, to increase knowledge about individual rights under the anti-discrimination laws among the public and employee groups.

FY 2000 Outreach Highlights

  • Conducted a record 2,961 outreach, educational, and technical assistance events reaching more than 218,000 people nationwide including 242 events geared toward small business audiences attended by 8,628 people.

Budget and Staffing

EEOC's budget for the current fiscal year, FY 2001, is $303 million. The total number of agency staff nationwide, at headquarters and field offices, was 2,852 as of the close of FY 2000. The President's budget request for EEOC for FY 2002 is $310 million, a $7 million increase (2.3%) over the current operating budget. The level of resources requested for FY 2002 will sustain the many significant program enhancements achieved over the past five years in the timeliness and quality of service to the public.


This page was last modified on July 25, 2001.



The above article was reprinted from the Equal Employment Opportunity Commission.
Check the EEOC website for any changes to the article.


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