The Equal Employment Opportunity Commission (“EEOC”) was created from the passage of Title VII of the Civil Rights Act. This independent organization is responsible for enforcing federal laws that make it illegal for employers to discriminate against a job applicant or employee on the basis of a person’s race, religion, sex, national origin, age, or disability. The EEOC also enforces federal laws that prohibit employers from retaliation against employees who complained of discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The laws enforced by the EEOC apply to employers with 15 employees or more, although in some cases federal laws regarding age discrimination apply to employers with 20 or more employees. In order to fairly and accurately assess any allegations of discrimination, the EEOC has the authority to investigate charges of discrimination made by an employee against an EEOC-regulated employer.
If an EEOC investigation results in a finding of discrimination, the parties are first given an opportunity to settle. The EEOC may also file a lawsuit against an employer in order to protect the rights of an aggrieved employee as well as the public at large. Alternatively, if the EEOC finds discrimination occurred but opts not to file a lawsuit, the EEOC will grant the employee a “right to sue” letter, allowing the aggrieved employee to file the lawsuit on his or her own.
