HR Mavericks

Eddy’s HR Mavericks Encyclopedia

Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) is a powerful agency in the business world. To help your company follow laws and avoid lawsuits, you need to understand the EEOC and how your company can follow EEOC regulations. Read on to understand more about The EEOC in the article below.

What Is the Equal Employment Opportunity Commission (EEOC)?

The EEOC is a federal agency that helps enforce federal employment anti-discrimination laws. The EEOC is in charge of monitoring complaints and ensuring compliance with all the laws and protections associated with the Civil Rights Act of 1964, Title VII. The EEOC has the power to ensure these laws are enforced by collecting reports, investigating charges, helping facilitate agreements between plaintiffs and employers, and helping tobring discrimination cases to court.

History of the EEOC

The EEOC was created to enforce the Civil Rights Act of 1964, Title VII. Title VII prohibits discrimination based on race, color, religion, sex, and national origin. When the EEOC was first created, it focused on preventing unlawful employment practice through informal methods. In 1972, when the Civil Rights Act was amended, Congress gave more power to the EEOC - specifically the power to bring lawsuits to the federal courts on behalf of the person who filed an unlawful discrimination complaint. In 1972, a change was made that allowed one individual to bring a suit on behalf of a whole class of individuals.

How Does the Equal Employment Opportunity Commission Protect Employees?

The Equal Employment Opportunity Commission ensures all applicants and employees are treated fairly. The EEOC helps follow up on discrimination charges to ensure that applicants and employees are not discriminated against. If the EEOC does find discrimination prejudice, it will take the necessary next steps to correct the situation: either mediation or litigation (bringing the case to court). The EEOC ensures protection for those who file a discrimination charge. An employee who files a charge with the EEOC can’t be retaliated against, meaning they can’t be fired or reprimanded for filing a charge. If they are, the EEOC will step in and protect the employee.

Types of Discrimination Covered by the Equal Employment Opportunity Commission

There are many classes of people protected by the EEOC. These protections ensure people are not missing out on work opportunities, being fired, or being harassed at work simply because of their race, color, religion, age, or national origin.

Race/Color

People are protected in many ways from racial harassment. All applicants and employees are protected against derogatory comments, verbal harassment, graffiti, racist jokes, name-calling, and any other form of degrading conduct. It is important to note the employer can be liable for harassment done by supervisors, co-workers, customers, and clients. It is the job of your company to take reasonable action to prevent and eliminate harassment.

Religion

Employees are protected for what they believe and how they practice these beliefs. Employers may not fire, refuse to hire, or refuse to train an employee due to their religion. As an employer, you are required to provide reasonable accommodations for employees to practice their religion, such as wearing certain religious clothing or celebrating religious holidays (as long as it doesn’t cause undue hardship to the company or cause a safety hazard).

Sex

No preferential treatment can be given to either sex, unless a bona fide occupational qualification (BFOQ) justifies it. A BFOQ is a qualification that allows the organization to discriminate based on sex, religion, or national orgin if it is a necessity to the normal operations of the organization. This portion of Title VII also protects employees from sexual harassment.

Age

Applicants and employees over 40 are protected from age-based discrimination. An employer can’t refuse to hire or promote someone because of their age.

Pregnancy

Employers are required to treat pregnancy and any related medical conditions the same as any other medical issue. This doesn't mean pregnant women are given special privileges; employers can fire or not hire pregnant women, as long as this decision is not based on the fact the woman is pregnant.

How to Stay Compliant with EEOC Regulations

As your company’s HR professional, you need to have a good understanding of the EEOC and how to comply with its regulations. This understanding will help your company avoid bad practices and costly lawsuits. Below are some ways you can ensure your company’s compliance with the EEOC.

1. Hold Regular Training Sessions

Have training sessions that inform all employees about the EEOC guidelines. In these training sessions you can inform employees of what actions they can take when they see discrimination, actions can include talking with a manager or HR. These trainings will provide employees with the resources and information they need to show your company is trying to educate and prevent discrimination within the company.

2. Review Your Company's Hiring Process.

Keep records of all job applicants and track their application process. This will allow you to go back and review how your hiring managers are making decisions and ensuring people are not dismissed from the application process for a discriminatory reason. Reviewing the hiring process helps ensure there is no adverse impact occurring. Adverse impact occurs when the selection rate of any race, sex, or ethic group is less than four-fiths of the group with the highest selection rate. For example if part of your hiring process includes a test and you notice that men pass more often and four-fifths of women don’t pass this exam this is causing adverse impact. If this occurs you should rewrite the exam so it does not cause this impact. To ensure this is not occurring you will want to keep detailed records of exams and other parts of the hiring process to keep an eye out for adverse impact. Only discriminate based on religion, sex, or national orgin if the factors are bona fide occupational qualifications (BFOQs).

3. Posting

You need to provide a poster about the EEOC so employees understand how they are protected and what actions they can take if they feel they are experiencing any type of discrimination. (An example of the poster can be found here).

4. Do not retaliate

If an employee submits a complaint to the EEOC, your company is prohibited from retaliating. You need to make sure an employee isn’t fired, demoted, or harassed if they file a claim with the EEOC.
Topics
Lexi Rankin, SHRM-CP

Lexi Rankin, SHRM-CP

Lexi is a current student at BYU pursuing her undergraduate degree in HR Management. After graduation, Lexi will work as an HR Generalist for Cummins Inc. Lexi has a passion to improve the lives of others and help them on their career journey. She continues to improve her knowledge and experience in the HR field and is looking forward to sharing this knowledge with others.
View author page
Frequently asked questions
Other Related Terms
Adverse Impact
Affordable Care Act (ACA)
Age Discrimination
Americans with Disabilities Act (ADA)
Asbestos Laws and Regulations
Ban the Box
Blacklisting
Bona Fide Occupational Qualifications (BFOQ)
COBRA
Change Leadership
Child Labor Laws
Department of Labor
E-Verify
Employee Retirement Income Security Act (ERISA)
Employer Unemployment Insurance
Employment at Will
Equal Pay Act
FUTA Tax Credit Reduction
Fair Credit Reporting Act (FCRA)
Fair Labor Standards Act (FLSA)
Family and Medical Leave Act (FMLA)
Favoritism
Federal Payroll Laws
Final Paycheck Laws
Form 940
Form 941
Genetic Information Nondiscrimination Act (GINA)
H1-B Visa
HIPAA
HR Audit
HR Risk Management
HR's Role in Mergers and Acquisitions
Highly Compensated Employees
Illegal Question
Job Accommodations
Labor Law Posters
Labor Laws
Lunch and Rest Periods
Monopolies
Nepotism
New Hire Reporting
OFCCP Compliance
Pregnancy Discrimination Act
Pregnant Workers Fairness Act (PWFA)
Qualifying Life Event
Reasonable Accommodation
USERRA
Whistleblower Policy
Worker Adjustment and Retraining Notification (WARN)
Eddy's HR Newsletter
Sign up for our email newsletter for helpful HR advice and ideas.
Payroll
Simple and accurate payroll.
Pay your U.S.-based employees on time, every time, with Eddy.