Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with enforcing U.S. laws that prohibit workplace discrimination. It investigates charges of discrimination, provides education and outreach to prevent discrimination, and can seek remedies—including mediation, damages, and lawsuits—when violations occur.
What the EEOC does
- Enforces federal laws that make it illegal to discriminate in employment based on:
- Race, color, religion
- Sex (including pregnancy, gender identity, and sexual orientation)
- National origin
- Age (40 or older)
- Disability
- Genetic information
- Protects employees and applicants from retaliation for complaining about discrimination, filing charges, or participating in investigations.
- Investigates charges, attempts conciliation or mediation, and can file lawsuits when necessary.
- Provides education, technical assistance, and training to employers, employees, and community groups to prevent discrimination.
Coverage and jurisdiction
- Most employers with 15 or more employees fall under EEOC jurisdiction (the threshold is 20 or more employees for age-discrimination claims).
- Labor unions and employment agencies are also covered in many situations.
- While independent contractors are generally not covered directly by anti-discrimination statutes, employers may be liable for discriminatory acts by contractors or agents acting on the employer’s behalf.
Key legal developments
- Title VII of the Civil Rights Act of 1964 is the foundational law the EEOC enforces.
- The U.S. Supreme Court’s decision in Bostock v. Clayton County extended Title VII protections to LGBTQ employees, ruling that firing someone for being homosexual or transgender is discrimination “because of sex.”
How enforcement works
- Filing: Most discrimination laws enforced by the EEOC (except the Equal Pay Act) require filing a charge with the EEOC before bringing a civil lawsuit.
- Time limits: There are statute-of-limitations deadlines for filing charges—typically 180 or 300 days depending on state law and circumstances—so timely filing is important.
- Intake and investigation: After a charge is filed, the agency conducts an intake, may offer mediation, and then investigates allegations. If discrimination is found, the EEOC seeks to remedy the situation through conciliation, settlement, or litigation.
- Remedies: Lawsuits or settlements may seek back pay, compensatory and punitive damages, and injunctive relief to stop discriminatory practices.
How to file a charge
- Charges can be filed through the EEOC’s Public Portal, by phone, or at local EEOC field offices. (The EEOC provides online filing and intake guidance on its website.)
- A charge is a signed statement describing the discriminatory actions and requesting remedial action.
- Include relevant details and act promptly to meet filing deadlines.
Prevention, outreach, and training
- The EEOC promotes prevention through no-cost outreach presentations, informational resources for veterans and young workers, and training for employers.
- It offers targeted programs such as Youth@Work (worker rights education) and operates a training institute that provides employer training (fee-based).
- Field offices include small-business liaisons to help employers understand obligations and best practices.
Common situations where employers may be liable
- Refusing to interview or hire qualified candidates because of protected characteristics.
- Allowing harassment (slurs, threats, unwelcome touching, sexual comments) to continue unchecked.
- Failing to take corrective action after being informed of misconduct.
- Failing to warn or protect employees about known risks posed by coworkers or managers.
Practical takeaways
- The EEOC enforces broad protections across hiring, firing, promotions, wages, benefits, training, and workplace conduct.
- Retaliation claims are common; employees are protected for asserting their rights.
- Employers should maintain clear, compliant policies, investigate complaints promptly, and provide training to reduce legal risk.
- Individuals who believe they have experienced discrimination should document incidents and file a charge with the EEOC promptly to preserve legal options.
For detailed filing instructions, specific deadlines, and local office information, consult the EEOC’s official resources and Public Portal.