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The EEOC is a federal agency that enforces civil rights legislation and regulations related to discrimination against certain employees. It investigates complaints of discrimination and can take action against employers who violate anti-discrimination rules. Filing an EEOC complaint may be a prerequisite for filing a civil lawsuit.
An EEOC complaint is a complaint filed with the Equal Opportunity Employment Commission (EEOC). The EEOC is a federal agency within the United States designed to protect the rights of certain employees. It was established by the United States government to help enforce civil rights legislation contained in Title VII of the Civil Rights Act of 1964. It also acts to enforce regulations contained in the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act.
When the federal government makes laws, it realizes that those laws are often open to interpretation. For example, it may not be clear exactly how the wording of a statute might apply in a given situation. The government also recognizes that a law, especially a far-reaching law that could potentially give rise to a lot of controversy, must be enforced by some kind of entity with authority. In light of these goals, federal and state governments often create agencies with limited authority to interpret and enforce certain types of laws. These agencies derive their power from the government that creates them and are able to deal only with matters and areas of law with which legislation entrusts them.
The EEOC is one such agency. The function of the EEOC is to enforce the rights of employees to be free from discrimination. Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate on the basis of race, gender, religion, national origin or color. Under the ADA, employers cannot discriminate on the basis of disability and must make reasonable accommodations for an employee with a disability to be able to work. The Age Discrimination in Employment Act prohibits discrimination against any individual over the age of 40.
If any of these anti-discrimination rules are violated, the person who has experienced the discrimination can file an EEOC complaint. The EEOC will then investigate the complaint to determine if discrimination has occurred. The EEOC complaint can cover any aspect of the occupation; for example, someone might complain if they were not hired based on their race, fired based on their race, not promoted, treated differently or harassed, or otherwise restricted in somehow from his race.
The EEOC investigates every EEOC complaint that has merit and then takes the necessary action against the employers, such as issuing injunctions demanding the employers stop the discrimination or fine them. A person filing an EEOC complaint may also file a lawsuit, and in some cases, filing such a complaint is a prerequisite for filing a civil litigation. Many people also choose to file a civil suit, along with filing a complaint with the EEOC, due to the higher monetary damages the individual can collect if they sue their employer in court for violations of these anti-discrimination laws.
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