The Equal Employment Opportunity Commission (EEOC), an independent federal agency, was created by Congress through Title VII of the Civil Rights Act of 1964. The EEOC is responsible for enforcing Title VII and other laws prohibiting various forms of discrimination in the workplace. When the EEOC was formed, it was not given the authority to enforce Title VII through litigation. Consequently, although it had responsibility for investigating alleged violations, it had no method of enforcement. In 1972, Congress passed the Equal Employment Opportunity Act. Pursuant to this law, the EEOC was granted the authority to file its own enforcement actions against employers who violate the anti-discrimination laws.

Role of the EEOC

Today, the EEOC is responsible for administering the following laws:

• Title VII of the Civil Rights Act
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967
• Rehabilitation Act of 1973, Sections 501 and 505
• Titles I and V of the Americans with Disabilities Act of 1990
• Civil Rights Act of 1991

These laws prohibit workplace discrimination on the basis of race, color, sex, national origin, religion, retaliation, age, and disability.

The EEOC, through its five commissioners, interprets the law and establishes policy. The resulting EEOC regulations have the force of law. The EEOC's General Counsel is charged with enforcing the law through litigation. The commissioners and the General Counsel are appointed by the President of the United States. The EEOC also provides no-cost education to employers and employees alike. More in-depth education is also available to employers for a fee.

EEOC Investigations

Employees alleging that they have been unlawfully discriminated against by their employers may file a charge with the EEOC. In fact, before an employee can pursue a remedy under Title VII or the Americans with Disabilities Act, they must file such a charge. Once the EEOC receives a charge of discrimination, it launches an investigation. The EEOC may not release information about the charge to the public.

If the EEOC finds that there is no reasonable cause to believe the allegations, it will notify the employer and the employee that it is dismissing the charge. Once such a letter is issued, an employee may pursue an independent action against the employer in federal court.

If the EEOC determines that there is reasonable cause to believe the allegations, it will notify the employer and the employee and ask the parties to settle their differences. The EEOC will serve as a mediator in such conciliation attempts.

EEOC Enforcement

If no settlement is reached, the EEOC may choose to file a federal enforcement action against the employer. Through this civil action, the EEOC may seek injunctive relief to prevent the employer from continuing the allegedly discriminatory activity. It may also seek damages for the injured employees, including back pay.

Even if the EEOC finds that there is reasonable cause to believe an employee's allegations of discrimination, it may choose not to file its own action. In such a case, the EEOC issues a right to sue letter to the employee, who may sue on his or her own behalf. The EEOC is also allowed to intervene in federal discrimination actions filed by private parties.

The EEOC, through its General Counsel, participates in approximately 400 new civil enforcement actions each year.

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