What Is the Equal Employment Opportunity Commission (EEOC)?
The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency charged with enforcing laws that make it illegal to discriminate in employment. Created by Congress to implement Title VII of the Civil Rights Act of 1964, the EEOC investigates workplace discrimination complaints, tries to resolve them, brings lawsuits when appropriate, and conducts outreach and education to prevent discrimination before it occurs [EEOC; Investopedia].
Key takeaways
– The EEOC enforces federal laws prohibiting discrimination because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40+), disability, and genetic information [EEOC].
– Most employers are covered if they have 15 or more employees (the age-discrimination law under the Age Discrimination in Employment Act normally applies at 20+ employees) [EEOC].
– Before filing a private federal lawsuit for most discrimination claims, you generally must file a charge with the EEOC and observe strict time limits (usually 180 or 300 days depending on circumstances) [EEOC].
– The Supreme Court’s 2020 ruling in Bostock v. Clayton County confirmed that Title VII’s prohibition of sex discrimination includes sexual orientation and gender identity [SCOTUS].
How the EEOC works — overview of process and role
– Intake: You submit a charge of discrimination (signed statement describing the alleged discriminatory act) by phone, mail, in person at a field office, or online via the EEOC Public Portal [EEOC Public Portal; Filing a Charge].
– Intake interview & jurisdiction check: EEOC staff will do an intake interview and determine whether the agency has jurisdiction and whether the complaint states a claim under a law it enforces.
– Resolution/mediation: The EEOC encourages early resolution. Parties can use a no-cost mediation process administered by the agency. A mediator facilitates negotiations but does not decide the case [EEOC Mediation].
– Investigation: If mediation does not resolve the charge, the EEOC may investigate. Investigations can include document requests, interviews, and fact-finding.
– Determination: After investigation the EEOC will issue a finding—“cause” (reasonable cause to believe discrimination occurred) or “no cause.” If cause is found, the EEOC will attempt conciliation; if that fails, it may file suit to enforce the law.
– Right to sue: If the EEOC dismisses the charge or decides not to sue, it will issue a Notice of Right to Sue, which lets the charging party file a private lawsuit within a specified period (usually 90 days) [EEOC: Filing a Charge; Time Limits].
The EEOC’s authority and scope
– Laws enforced: Title VII (race, color, religion, sex, national origin), Age Discrimination in Employment Act, Americans with Disabilities Act, Genetic Information Nondiscrimination Act, Equal Pay Act (the EPA has a slightly different procedure), and others [EEOC Overview].
– Covered activities: Hiring, firing, promotions, pay and benefits, job assignments, training, harassment, discipline, and other terms and conditions of employment.
– Covered entities: Private employers meeting the employee threshold, federal and state governments, labor unions, and employment agencies. Employers can be liable for the discriminatory acts of managers, supervisors, and sometimes even contractors acting on their behalf [EEOC Overview; Investopedia].
How the EEOC works to prevent discrimination
– Outreach and training: The EEOC offers no-cost outreach, technical assistance, training programs, and small-business liaisons to help employers understand and comply with the laws [EEOC No-Cost Outreach; EEOC Training Institute].
– Guidance & resources: The agency issues guidance, best practices, and fact sheets (for example, guidance around harassment prevention, reasonable accommodations, and COVID-19-related employment issues).
– Monitoring and targeted enforcement: The EEOC conducts systemic investigations and litigation where patterns or widespread discriminatory practices are suspected.
What to do if you feel you’ve been discriminated against at work — practical step-by-step guide
Immediate steps (document and protect)
1. Record the facts
– Write detailed notes: dates, times, locations, what happened, exact words used when possible, names of witnesses, copies of relevant documents (emails, texts, performance reviews, pay stubs, memos).
2. Preserve evidence
– Save electronic messages, screenshots, voice mails, and copies of personnel records. Keep a separate backup (personal email/cloud) in case workplace access is revoked.
3. Use internal processes
– Follow your employer’s complaint procedures (HR or a designated officer). Report the conduct in writing so there is a record.
4. Note any retaliation
– If you’re disciplined, demoted, or treated worse after complaining, record those actions—retaliation for asserting rights is itself unlawful [EEOC: Retaliation FAQs].
Filing with the EEOC (if you decide to proceed)
1. Check timing
– Time is critical. You generally have 180 days from the alleged discriminatory act to file a charge; in states with a state or local anti-discrimination agency, that limit can extend to 300 days. Confirm the exact deadline for your situation [EEOC: Time Limits].
2. Start intake
– Use the EEOC Public Portal to submit an inquiry and then complete an intake interview with EEOC staff, or call 1-800-669-4000 (field office locations are listed on the EEOC site) [EEOC Public Portal; EEOC Field Offices].
3. File the charge
– A charge is a signed statement. Provide as much documentation and as many witness names as you can.
4. Participate in the process
– Be prepared to participate in mediation if offered. If the case is investigated, cooperate with EEOC requests for documents and interviews.
5. Outcome and next steps
– If the EEOC issues a “no cause” or decides not to sue, it can issue a Notice of Right to Sue allowing you to bring a private lawsuit (usually within 90 days). If the EEOC finds cause, it will seek conciliation and may sue if conciliation fails [EEOC: Filing a Charge].
Practical tips for stronger claims
– Focus on specific adverse actions (termination, demotion, refusal to hire, disparate discipline, differential pay, harassment).
– Corroborate with witnesses, contemporaneous notes, and supporting documents.
– Keep copies of all communications with your employer and the EEOC.
– If you can, speak with an employment attorney early—especially if the claim is time-sensitive or complex.
Examples of EEOC jurisdiction (common charge types)
– Hiring discrimination: refusing to hire qualified applicants because of race, sex, religion, age, etc.
– Harassment: repeated derogatory slurs, sexual harassment, unwanted touching or comments that create a hostile work environment.
– Termination and discipline: firing or disciplining someone based on protected characteristics.
– Pay and benefits: unequal pay or denial of benefits based on sex, race, or other protected traits (note: Equal Pay Act claims may proceed differently).
– Failure to accommodate: refusing reasonable accommodations for a disability or for religious practices.
– Retaliation: adverse actions taken because an employee complained about discrimination or participated in an investigation.
Remedies the EEOC can seek
– Back pay, reinstatement, front pay, promotion, compensatory and punitive damages (subject to statutory caps in some cases), injunctive relief (policy changes), and attorney’s fees in successful cases or where the EEOC litigates and prevails [EEOC Litigation Data].
When to consult a lawyer
– Consult an employment attorney if your situation involves possible criminal conduct, complex legal questions, imminent deadlines, or if you’re considering a private lawsuit after a Right to Sue is issued. Many employment attorneys offer free or low-cost initial consultations.
Sources and further reading
– U.S. Equal Employment Opportunity Commission (overview and authority): https://www.eeoc.gov/overview
– EEOC — Filing a Charge of Discrimination & Public Portal: https://publicportal.eeoc.gov and https://www.eeoc.gov/how-file-charge-employment-discrimination
– EEOC — Time Limits for Filing a Charge: https://www.eeoc.gov/timing (see “Time Limits” page on EEOC site)
– EEOC — Retaliation — FAQs: https://www.eeoc.gov/retaliation-faqs
– EEOC — No-Cost Outreach Programs & Training Institute: https://www.eeoc.gov/no-cost-outreach and https://www.eeoc.gov/eeoc-training-institute
– U.S. Supreme Court, Bostock v. Clayton County, Georgia, No. 17-1618 (June 15, 2020): https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
– Investopedia — Equal Employment Opportunity Commission (background summary): https://www.investopedia.com/terms/e/equal-employment-opportunity-commission-eeoc.asp
If you’d like, I can:
– Help you draft a timeline and evidence log based on your specific situation.
– Walk you step-by-step through the EEOC Public Portal intake process.
– Summarize state-level agencies and deadlines that might apply where you live.