Eeoc Laws: Which Branches Of Government Are Covered?

The US Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit workplace discrimination and harassment. These laws apply to employers with at least 15 employees (20 in age discrimination cases) and cover various aspects of work, including hiring, firing, promotions, wages, and benefits. The EEOC has the authority to investigate charges of discrimination, attempt to settle disputes, and file lawsuits if necessary. The laws enforced by the EEOC are implemented through regulations found in the Code of Federal Regulations (CFR) and aim to ensure equal employment opportunities for all.

Federal Laws

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws against workplace discrimination and harassment. These laws are passed by Congress and signed by the President. The EEOC has the authority to investigate charges of discrimination against employers with at least 15 employees (20 in age discrimination cases). The laws enforced by the EEOC apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

The EEOC enforces the following federal laws:

• Title VII of the Civil Rights Act of 1964 (Title VII), which makes it illegal to discriminate against a person on the basis of race, colour, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin. The law also protects individuals from retaliation for complaining about discrimination, participating in an employment discrimination proceeding, or reasonably opposing discrimination.
• The Pregnancy Discrimination Act, which amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a related medical condition.
• The Pregnant Workers Fairness Act of 2022 (PWFA), which requires employers to provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship for the employer. The law also protects individuals from retaliation for exercising their rights under this Act.
• The Equal Pay Act of 1963, which makes it illegal to pay different wages to men and women for equal work in the same workplace. The law also protects individuals from retaliation for complaining about discrimination or participating in an EEOC proceeding.
• Title I of the Americans with Disabilities Act of 1990 (ADA), which makes it illegal to discriminate against a person with a disability in private companies and state and local governments. This law also prohibits retaliation for complaining about discrimination or participating in an EEOC proceeding.
• Sections 501 and 505 of the Rehabilitation Act of 1973, which makes it illegal to discriminate against a person with a disability in the federal government. This law also includes anti-retaliation protections for individuals who complain about discrimination or participate in EEOC proceedings.
• The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older from discrimination based on age. This law also prohibits retaliation for complaining about age discrimination or participating in an EEOC investigation or lawsuit.
• Title II of The Genetic Information Nondiscrimination Act of 2008 (GINA), which makes it illegal to discriminate against employees or applicants because of their genetic information, including their own genetic tests and the genetic history of their family members. The law also protects individuals from retaliation for complaining about discrimination or participating in an EEOC proceeding.

Equal Pay/Compensation

The Equal Pay Act of 1963 requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is the job content, not the job titles, that determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit-sharing, and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.

The EPA prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. It is part of the Fair Labor Standards Act of 1938, as amended, and is codified in 29 U.S.C. 206(d).

The time limit for filing an EPA charge with the EEOC is within two years of the alleged unlawful compensation practice or, in the case of a willful violation, within three years. An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand.

Other federal laws enforced by the EEOC that prohibit compensation discrimination include the Age Discrimination in Employment Act of 1967 and Title I of the Americans with Disabilities Act of 1990. These laws prohibit discrimination on the basis of race, color, religion, sex, national origin, age, or disability.

The EEOC laws apply to most employers with at least 15 employees (20 employees in age discrimination cases) and most labor unions and employment agencies.

Sexual Orientation and Gender Identity

The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination against job applicants or employees based on their sexual orientation or gender identity. This includes discrimination in hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other terms or conditions of employment.

In the 2020 Bostock v. Clayton County case, the Supreme Court held that firing individuals due to their sexual orientation or transgender status violates Title VII's ban on sex-based discrimination. The Court reasoned that "discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex". For example, if an employer fires a woman for being married to another woman, they are taking action based on her sex, as this action would not have been taken if she were a man.

The EEOC has also applied the Bostock decision to the federal sector. Title VII of the Civil Rights Act of 1964 protects job applicants, current employees (full-time, part-time, seasonal, and temporary), and former employees of companies with 15 or more employees. It applies to private-sector employers, state and local government employers, and the federal government, as well as unions and employment agencies.

Harassment based on sexual orientation or gender identity is also unlawful if it is frequent and severe enough to create a hostile work environment or results in an adverse employment decision. Harassers can be supervisors, co-workers, or non-employees such as clients.

Additionally, it is illegal for an employer to retaliate against, harass, or punish an employee for opposing what they reasonably believe to be unlawful employment discrimination, filing an EEOC complaint, or participating in any investigation related to Title VII enforcement.

Workplace Discrimination

The EEOC enforces laws that make it illegal to discriminate against a job applicant or employee based on their race, colour, religion, sex (including pregnancy, childbirth, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. Most employers with at least 15 employees are covered by these laws (20 employees in age discrimination cases).

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. The EEOC has the authority to investigate charges of discrimination against employers covered by the law, and if discrimination is found, they will attempt to settle the charge. If this is unsuccessful, the EEOC can file a lawsuit to protect individuals and the interests of the public.

The EEOC also works to prevent discrimination before it occurs through outreach, education, and technical assistance programs. They provide guidance and resources to employers and employees, including targeted information for veterans with disabilities and young workers through the Youth@Work program.

In addition to federal laws, state and local employment discrimination laws may also apply to businesses, and information about these laws can be found on state and local government websites.

EEOC Regulations

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit workplace discrimination and harassment. These laws are passed by Congress and signed by the President.

Before the Commission votes to issue a final regulation, the EEOC usually first issues a Notice of Proposed Rulemaking (NPRM) for public comment and sometimes an Advanced Notice of Proposed Rulemaking (ANPRM) to gather information about the relevant issues. Final regulations, as well as ANPRMs and NPRMs, must be approved by a majority of the Commissioners. In addition, significant regulatory actions are approved by the Office of Management and Budget and are coordinated with other federal agencies.

The EEOC enforces laws that make it illegal to discriminate against a job applicant or employee because of their race, colour, religion, sex (including pregnancy, childbirth, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. These laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases), as are most labour unions and employment agencies.

Frequently asked questions