This paper examines the Equal Employment Opportunity Commission (EEOC) as the primary federal body responsible for enforcing civil rights statutes in the workplace. It reviews the range of services the EEOC provides — including investigation, litigation, outreach, and education — and the benefits these generate for employees, employers, and legislators. The paper then outlines eligibility criteria under Title VII and related acts, including protections based on race, gender, age, disability, and sexual orientation. It also addresses how the EEOC is financed through federal appropriations and the consequences of funding disruptions. Finally, the paper considers whether meaningful alternatives to the EEOC exist, concluding that no viable federal substitute is currently feasible.
The Equal Employment Opportunity Commission (EEOC) provides enforcement for the statutes that relate to civil rights in employment. The EEOC was created to provide for the "enforcement of federal laws that make it illegal to discriminate against a job applicant or employee" on the basis of protected traits, or on the basis of the employee complaining about discrimination (EEOC, 2016).
In order to provide these benefits, the EEOC investigates claims made by individuals or groups — including civil liberties groups and unions — regarding specific incidents. The EEOC has established means by which it can be contacted, anonymously if need be, in order for an investigation to be initiated. The organization's resources are also dedicated to publishing information regarding discrimination law at the federal level. The EEOC both investigates and litigates cases, and also uses other means, such as conciliation or negotiation, to bring cases of employment discrimination to a resolution.
The EEOC also maintains task forces dedicated to broadening the knowledge base with respect to equal rights in the workplace. For example, one such task force has studied harassment in the workplace. On the basis of such studies and task forces, the EEOC is positioned to offer advice to lawmakers about current issues with respect to workplace discrimination, to identify gaps in the laws, and to make recommendations for resolving outstanding issues. The EEOC also gathers statistics and has a publications arm that produces reports for both government and non-governmental stakeholders. Copies of the acts relevant to its jurisdiction are available for viewing on its website.
A branch of the EEOC provides outreach and education, helping businesses and workers understand the legal environment. For employees, the EEOC is instrumental in ensuring that workers understand the rights they hold under law. For employers, the EEOC provides information that can help human resources departments resolve issues and formulate policy. Information is also provided to government to assist with the legislative process.
The benefits of the EEOC's various services stem from its unique position to gather information, which enables it to inform the public and legislators. By compiling information about discrimination cases, it can better inform stakeholders about the issue, its prevalence, and the outcomes of current enforcement efforts. Having such a resource can help bring cases to resolution more quickly. Furthermore, the resources the EEOC provides to businesses can assist in developing better prevention techniques. Such techniques reduce workplace discrimination, thereby saving businesses the time and money that would otherwise be dedicated to handling discrimination situations. Equity is served through these programs, since equity is the objective of the Civil Rights Act and subsequent acts pertaining to equal employment. As an enforcement body, the EEOC is specifically charged with bringing about a condition of workplace equity.
Federal law regarding employment covers all workers employed by companies subject to the law. The EEOC's enforcement mandate specifically covers all businesses with more than 15 employees (EEOC.gov, 2016). There are separate filing processes for regular employees, federal employees, and job applicants. Thus, most employees in the United States are covered by these statutes, and that coverage is enforced by the EEOC. State and local government employees are also covered, regardless of the size of the employer, meaning that an employee of a small village with fewer than 15 employees would still be covered under this law.
The other dimension of coverage requires that the person be a member of a protected class and that the discrimination be based on that protected class membership. Title VII covers discrimination on the basis of race, gender, national origin, religion, or color. Pregnant women are covered under the Pregnancy Discrimination Act, which amended Title VII. The Age Discrimination Act extended coverage to people over the age of 40 (EEOC.gov, 2016). The Americans with Disabilities Act extended coverage to qualified people with disabilities. Further protections have been extended to cover discrimination based on a person's genetic information. The EEOC has also determined that transgender status and sexual orientation are covered under "sex," and that it will extend its protections to those classes of people on that basis. This decision came about in July 2015, with the EEOC appeals decision in Baldwin v. Foxx (EEOC.gov, 2015).
The Civil Rights Act was written to extend protections to members of a variety of groups. It was deemed necessary in light of pervasive racism at the time, and remains necessary today. The groups protected are those that have historically faced the greatest amount of discrimination in the workplace. The protections are most particularly for their direct benefit. To the extent that there are indirect benefits — which were secondary in the CRA and related acts — the philosophy is that the United States as a nation is better when the rights and freedoms expressed in the Constitution and other founding documents are extended to all citizens equally.
"Universal rights, social justice, and CRA philosophy"
"Federal appropriations, budget process, and shutdown impacts"
"Feasibility of replacing or modifying the EEOC"
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