The average American spends more time at work than anywhere else. In fact, one-third of Americans work more than 45 hours each week. Because Americans spend so much time at work, even small problems in the office can make an employee miserable.
Employment discrimination is one of the problems that can turn a dream job into a nightmare. While employment discrimination remains a sad reality, the Equal Employment Opportunity Commission (EEOC) protects employees. The EEOC investigates, mediates, and litigates employment discrimination claims brought under various federal laws.
What Is the EEOC?
In August 1963, Dr. Martin Luther King Jr. led the March on Washington. March organizers hoped their actions would push Congress to end employment discrimination. The protest worked. Shortly after the march, President Kennedy urged Congress to act. After President Kennedy’s death, President Lyndon Johnson signed the Civil Rights Act of 1964. That law created the EEOC.
After an employee files a discrimination claim, classified as a “charge,” the EEOC opens an investigation. The EEOC can interview employees, gather evidence, and if necessary, even visit the worksite. If the EEOC finds no proof of discrimination, it will dismiss the case. If the agency finds support for the employee’s claim, it moves to mediation or litigation.
The EEOC uses its mediation authority to encourage settlements. If the mediation is successful, the EEOC will enter a consent decree that outlines the agreement. If mediation fails, the EEOC gives the employee a right-to-sue letter. The letter gives the employee the right to sue the employer in federal court. In extreme cases, the EEOC may represent the employee in court.
Though investigation, mediation, and litigation are the EEOC’s core powers, the agency supports employees in other ways. The EEOC issues regulations that clarify employees’ rights and employers’ duties under federal law. It also educates employers and employees about these rights and obligations. In addition, the agency compiles and publishes employment discrimination statistics.
Which Employment Discrimination Laws Does the EEOC Enforce?
The EEOC was created to enforce one law, but over the past 50 years, Congress has given the agency the authority to enforce most of the nation’s employment discrimination laws. Today, the EEOC enforces the following laws:
Title VII of the Civil Rights Act of 1964. The majority of employment discrimination cases arise under Title VII of the Civil Rights Act. This law forbids discrimination on the basis of race, color, national origin, sex, or religion.
The Equal Pay Act of 1963. Though this law predates the EEOC, the agency is now responsible for its enforcement. The Equal Pay Act requires companies to pay men and women the same amount when they perform the same job duties.
The Age Discrimination in Employment Act of 1967 (ADEA). The ADEA bans discrimination against employees aged 40 or older.
Sections 501 and 505 of the Rehabilitation Act. This law protects federal employees from discrimination based on visible or non-visible disabilities.
The Pregnancy Discrimination Act of 1978. This law prevents discrimination against women who are pregnant, women who have recently given birth, or women who have medical issues directly related to pregnancy or childbirth.
Title I of the Americans With Disabilities Act of 1990 (ADA). Like the Rehabilitation Act, the ADA bans disability discrimination, but it covers those employed by states, local governments, or private companies.
Title II of the Genetic Information Nondiscrimination Act (GINA). This law forbids employers from using genetic information to discriminate against workers.
Does the EEOC Protect Workers From Employment Discrimination During the Hiring Process?
Federal law forbids discrimination in the hiring process. As such, employers cannot use biased methods when advertising jobs or recruiting employees. Similarly, employers cannot use screening methods designed to “weed out” candidates from protected groups. Significantly, employers cannot refuse to hire someone if doing so would violate one of the laws enforced by the EEOC.
What Protections Against Employment Discrimination Does the EEOC Provide Once a Person Is Hired?
Federal law continues to protect workers once they are hired. Federal law states that bias cannot inform a company’s decisions regarding wages, salary, work assignments, schedules, promotions, demotions, transfers, layoffs, and other key aspects of employment.
Many EEOC complaints involve harassment. Though sexual harassment is well-known, the law also forbids harassment based on a person’s race, color, religion, national origin, age, disability or genetic information.
Harassment generally takes two forms. The first is “quid pro quo” harassment. In this type of harassment, a supervisor tells a worker that decisions regarding the employment will depend on the worker’s willingness to engage in non-work activity. Often, the supervisor’s request is sexual in nature.
A hostile work environment is the second form of harassment. In a hostile work environment claim, the worker alleges that the workplace became so toxic that the employee was forced to leave. To win a hostile work environment claim, the worker must prove that the behavior at issue was both severe and pervasive.
The EEOC also protects workers from retaliation. An employer cannot punish an employee for filing a claim with the EEOC. The law also prevents companies from retaliating against those who testify on behalf of co-workers or otherwise support discrimination claims.
Which Workers Does the EEOC Protect From Employment Discrimination?
In general, anti-discrimination laws apply to companies with more than 15 employees. The ADEA, however, only applies to companies with more than 20 workers. In addition, to be protected by the EEOC, the workers must have worked for at least 20 calendar weeks. If both requirements are satisfied, the business is covered. Employees at covered businesses are protected by the EEOC and the laws it enforces.
The EEOC protects many types of employees. Both full-time and part-time employees are covered by anti-discrimination laws. Temporary and seasonal employees are also protected.
However, not all workers qualify for EEOC protections. The EEOC only protects employees. Workers who are not considered employees – for instance, independent contractors – are not covered by anti-discrimination laws. The line between employees and independent contractors can be blurry. While the EEOC has provided some guidance on the issue, employers and workers should try to make the worker’s status as clear as possible as soon as work begins.
Does the EEOC Only Protect Employees From Employment Discrimination by Their Direct Supervisors?
Supervisors often make decisions about pay, promotions, and other matters that often lead to discrimination claims. Therefore, employment discrimination laws automatically apply to actions taken against an employee by a direct supervisor.
However, employment discrimination claims can also be based on the actions taken by others in the workplace. The EEOC has recognized that actions by supervisors or managers who are not in the employee’s direct chain of command may support a discrimination claim. The agency has also ruled that problems caused by workers who are at or below the level of the affected employee may also form the basis of a claim.
Businesses can also be held responsible for the actions of people outside of the company. A federal court recently held that a major warehouse store was liable after a customer harassed one of its employees. In 2010, the EEOC sued a nursing service after it made female nurses stay overnight in the home of a male patient who sexually harassed them. Claims regarding nonemployees succeed if the employee can prove that the company knew about the conduct but failed to protect its employees from the behavior.
When Should I Contact the EEOC?
The EEOC uses a complex system of timelines. In general, an employee must file a charge with the EEOC within 180 days of the last discriminatory act. If a state or local law also applies, the EEOC extends the deadline to 300 days.
Not all claims follow this timeline. ADEA claims only receive the 300-day extended deadline when state agencies are involved and the extension does not apply when only local laws apply. The Equal Pay Act uses a two-year deadline. However, because equal pay claims can be filed under either the Equal Pay Act or Title VII, claimants may need to decide which claim to pursue. Speaking to an experienced private attorney or a lawyer at an EEOC field office can help employees determine when to file an employment discrimination claim.
Finding a Healthy Work Environment
Because you spend so much time at work, you deserve a job that makes you feel valued and respected. Discrimination of any type has no place in the workplace. If your current job is challenging in any negative way, visit Joblist to browse millions of vacancies. Tailor your search by title, keyword, location, and even company to see available positions that fit your needs and wants. Better yet, sign up for daily alerts – we’ll notify you when jobs fitting your description are posted so that you never miss an opportunity.
