The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for administering and enforcing civil rights laws against workplace discrimination. Established by Title VII of the Civil Rights Act of 1964, the agency’s overarching mission is to prevent and remedy unlawful employment discrimination, thereby advancing equal opportunity for all workers. The EEOC functions as the primary mechanism for individuals to pursue claims against private employers and state or local governments who may have violated federal anti-discrimination statutes. Its responsibilities span enforcement, policy creation, and education to ensure fair employment practices across the nation.
Laws the EEOC Enforces
The agency enforces federal laws that protect employees and job applicants from discrimination. Title VII of the Civil Rights Act of 1964 is a foundational statute, prohibiting discrimination based on race, color, religion, sex (which includes pregnancy, sexual orientation, and gender identity), and national origin. The Equal Pay Act of 1963 makes it illegal to pay men and women different wages for performing substantially equal work in the same establishment.
The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment decisions based on their age. The Americans with Disabilities Act (ADA) Title I protects qualified individuals with disabilities, requiring employers to provide reasonable accommodations unless doing so would cause undue hardship. The Genetic Information Nondiscrimination Act (GINA) prevents discrimination based on an applicant’s or employee’s genetic information, including family medical history. These statutes collectively form the basis of the EEOC’s enforcement authority and cover nearly all aspects of the employment relationship, from hiring and firing to promotions and benefits.
Investigating and Resolving Discrimination Charges
The EEOC processes discrimination charges filed by the public against covered employers. This administrative process is a necessary prerequisite to filing a lawsuit in most federal employment discrimination cases, as the agency acts as a neutral fact-finder to determine whether a law it enforces has been violated.
Filing a Charge
An individual who believes they have experienced discrimination must first file a formal “Charge of Discrimination” with the EEOC or a partner state agency. For most types of discrimination, this charge must be filed within 180 calendar days of the alleged discriminatory act. This deadline is extended to 300 days in states or localities that have their own anti-discrimination laws and enforcement agencies.
The intake process involves providing a signed statement that names the employer and describes the alleged discriminatory actions, including the dates and circumstances of the incident. Filing this charge is required before a private lawsuit can be initiated under statutes like Title VII or the ADA, except for claims under the Equal Pay Act, which allows a claimant to go directly to court.
Investigation and Fact-Finding
Once a charge is filed, the EEOC notifies the employer within ten days of its receipt. The agency then initiates an investigation, which typically involves gathering evidence from both the claimant and the employer. This includes interviewing witnesses, requesting documents, and often requiring the employer to submit a formal position statement addressing the allegations.
The agency works to determine if there is “reasonable cause” to believe discrimination occurred. If the investigation does not find sufficient evidence, the EEOC will dismiss the charge and issue a notice of rights to the claimant. If the investigation concludes that discrimination occurred, the agency issues a letter of determination to both parties.
Mediation and Conciliation
The EEOC prioritizes voluntary resolution of the charge through Alternative Dispute Resolution (ADR) programs. Mediation is a confidential and voluntary option offered to both parties early in the process, allowing a neutral third party to help them reach a mutually acceptable settlement.
If reasonable cause is found and mediation was unsuccessful, the agency is required to begin the conciliation process. Conciliation is a final attempt by the EEOC to reach a voluntary settlement with the employer to remedy the discrimination. If the employer refuses to conciliate or if an agreement cannot be reached, the administrative process concludes, and the case may be considered for litigation.
Litigation and Enforcement Actions
The EEOC files lawsuits against employers when conciliation efforts fail and the agency finds reasonable cause to believe discrimination has occurred. The agency reserves litigation for cases necessary to secure relief for the victim or to advance the public interest by challenging a pattern of discrimination.
When the EEOC does not file a lawsuit, it issues the claimant a Notice of Right-to-Sue. This notice grants the individual a limited window, 90 days, to file their own private lawsuit in federal court. When the agency litigates, it seeks remedies intended to make the victim “whole,” which may include back pay, reinstatement, and compensatory damages. Punitive damages are also available in cases of intentional discrimination, though the law imposes caps on the total amount of damages based on the size of the employer.
Issuing Policy and Guidance
The EEOC fulfills a proactive function by developing and issuing policy and guidance to clarify federal anti-discrimination law. These documents explain how the statutes apply to specific or emerging workplace issues, such as harassment, accommodations for religious practices, or the use of artificial intelligence in hiring decisions.
The agency also engages in outreach and education efforts to promote voluntary compliance and prevent discrimination before it occurs. This includes conducting technical assistance programs, providing training to employers, and distributing publications that explain the rights and responsibilities of both employers and employees. By offering resources and clarity, the EEOC aims to foster more inclusive workplaces and reduce the need for formal enforcement actions.
Oversight of Federal Agencies
The EEOC oversees and coordinates all federal equal employment opportunity regulations and policies across the executive branch. This responsibility ensures that federal agencies maintain model EEO programs and comply with the same anti-discrimination laws applied to the private sector.
Federal employees follow an internal complaint process that is different from the process used for private and state/local employers. The EEOC’s Office of Federal Operations (OFO) acts as the final administrative appeal body for decisions on EEO complaints made by federal agencies. The agency also issues directives, such as Management Directive 715 (MD-715), which sets standards for federal agencies to self-assess their EEO programs and identify barriers to equal opportunity.