An Overview of the EEOC’s Role in Enforcing Federal Anti-Discrimination Laws

At Vargas Guerra, LLP, we understand the critical role the Equal Employment Opportunity Commission (EEOC) plays in promoting fairness in the workplace. The EEOC is a federal agency tasked with enforcing federal laws that prohibit discrimination against job applicants or employees. This page provides a comprehensive overview of the EEOC's duties, jurisdiction, and how it can impact your rights as an employee.

What is the EEOC?

The EEOC is responsible for enforcing federal laws that make it illegal to discriminate in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.

Key Areas of EEOC Enforcement

• Discrimination Based on Race, Color, Religion, Sex, and National Origin: Under Title VII of the Civil Rights Act of 1964.
• Age Discrimination: Enforcing the Age Discrimination in Employment Act (ADEA), which protects individuals who are 40 years of age or older.
• Disability Discrimination: Under the Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities.
• Equal Pay and Compensation Discrimination: Under the Equal Pay Act (EPA), ensuring that men and women receive equal pay for equal work.

EEOC's Jurisdiction

• Private and Public Employers: The EEOC has jurisdiction over private employers with 15 or more employees, all public employers, employment agencies, and labor organizations.
• Nationwide Reach: The EEOC operates field offices across the United States, making it accessible to individuals regardless of their location.

Filing a Complaint with the EEOC

Individuals who believe they have been discriminated against at work can file a charge of discrimination with the EEOC, which is a first step to bringing a claim under federal law. The process typically includes:

1. Filing the Charge: This can be done in person, by mail, or in some cases, by phone.  Or by visiting thier website at https://www.eeoc.gov.  Although we recommend no filing a charge on your own due to the complexities involved. 
2. EEOC Investigation: The EEOC investigates the allegations, which may involve reviewing documents, interviewing witnesses, and visiting the workplace.
3. Mediation and Resolution: The EEOC may offer mediation to resolve the dispute or, if discrimination is found, seek to settle the matter with the employer.
4. Legal Action: If a settlement isn’t reached, the EEOC may file a lawsuit. If the EEOC decides not to sue, it will issue a Notice of Right to Sue, allowing the individual to file a lawsuit in court.

How Vargas Guerra, LLP Can Assist

Navigating an EEOC complaint can be complex. Vargas Guerra, LLP can assist you with:

• Understanding Your Rights: Offering legal counsel regarding your rights and the feasibility of an EEOC complaint.
• Filing a Charge: Assisting with the preparation and filing of an EEOC charge.
• Legal Representation: Providing representation throughout the EEOC process and in any subsequent legal proceedings.

Contact Us for Expert Legal Guidance

If you face workplace discrimination and are considering an EEOC complaint, Vargas Guerra, LLP is here to help. Our expertise in employment law can guide you through each step of the process.

For more information regarding EEOC:  https://www.eeoc.gov