Equal Employment Opportunity Commission overview

EOC

EEOC Questions

Discuss the EEOC's investigative efforts once a complaint is filed. How does this preclude or assist in a complaint going to court?

The EEOC (Equal Employment Opportunity Commission) acts as an intermediary or mediating body between employers and employees when there are allegations of harassment. When a charge of discrimination is filed, the employer is notified that the charge has been filed and the EEOC either conducts a high-priority investigation or does follow-up investigations of the matter. The EEOC can seek to settle a charge, make written requests for information during an investigation, as well as interview people, review documents, and visit the facility in question as part of its fact-finding responsibilities. It can also mediate between the employee and the employer and dismiss the charges. "When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf" ("EEOC's Charge Processing Procedures, 2003, Equal Employment Opportunity Commission).

Determine the extent of the EEOC's reach in handling complaints that stem from foreign soil in multinational employers. Does the EEOC equally represent both foreign nationals and expatriates? What impact does this have on the equitable treatment of all employees in multinational companies?

Multinational employers that operate in the United States or its territories are also subject to EEOC laws "unless the employer is covered by a treaty or other binding international agreement that limits the full applicability of U.S. anti-discrimination laws, such as one that permits the company to prefer its own nationals for certain positions" ("Equal Employment Opportunity Responsibilities of Multinational Employers, 2003, Equal Employment Opportunity Commission). In such an instance, foreign nationals will receive more, rather than less equitable treatment under the law.

All U.S. employers are subject to EEOC laws, and an employer is considered a U.S. employer if it is incorporated or based in the United States or if it has sufficient connections with the United States. Employers operating outside the United States are covered by non-discriminatory statues only if they are controlled by a U.S. employer. U.S. employers based abroad are not required to comply with requirements if adherence to that requirement violates a law of the host country. Also, the EEOC does not do not apply to non-U.S. citizens outside the U.S. Or its territories, which means that they may be subject to treatment that might be considered discriminatory in the U.S. ("Equal Employment Opportunity Responsibilities of Multinational Employers, 2003, Equal Employment Opportunity Commission).

How will continued globalization make the EEOC's job more complex and the effort for equal treatment more difficult?