Why Small Businesses Should Know About the EEOC
Who is the EEOC?
The EEOC is the Equal Employment Opportunity Commission. It is a federal agency that enforces the following federal laws:
- Title VII of the Civil Rights Act of 1964 (Title VII),
- Age Discrimination in Employment Act (ADEA),
- Equal Pay Act (EPA),
- Americans with Disabilities Act (ADA)
- Genetic Information Nondiscrimination Act of 2008 (GINA).
These laws prohibit employment discrimination based on race, color, sex, religion, national origin, age, disability, genetic information, or in retaliation for opposing job discrimination, filing a charge or participating in proceedings under the laws. EEOC’s mandate is to determine in a fair and objective manner whether the laws it enforces have been violated.
What small businesses are covered?
The laws cover all private employers that employ 15 or more individuals, except for ADEA which covers employers with 20 or more employees.
How does EEOC investigate allegations of employment discrimination?
Employees may file a charge with the EEOC if they believe the employer violated any of the laws enforced by the EEOC. In Louisiana, the employee must file the charge within 300 days of the alleged violation. Then, an EEOC investigator will ask the employer to respond to the allegations in the charge and provide supporting documentation. If an employer does not provide the requested information, the EEOC may issue a subpoena for access to the business, documents, or testimony. An EEOC investigator will review the allegations and the employer’s response to determine whether to investigate further, propose settlement or dismiss the charge.
Can a small business resolve a charge without an investigation?
Yes. The EEOC has a free mediation program. The program is voluntary at all stages of the process. Neutral mediators provide employers and charging parties the opportunity to reach mutually agreeable solutions, while making efficient use of their time and money.
What does the EEOC do if it determines that a violation has occurred? If the EEOC decides that there is reasonable cause to believe that discrimination occurred, the EEOC will issue a written determination and invitation to enter into conciliation discussions. The purpose of these discussions is to eliminate the discrimination and provide relief to the charging party and others, if appropriate, without going to court.
Chad Danenhower owns and manages the Danenhower Law Firm in Covington, Louisiana. The Danenhower Law Firm can assist employers and employees with any questions relating to employment and business matters including EEOC charges and workplace discrimination.
