BUS670: Week 5 The EEOC and Filing a Charge of Discrimination Transcript Describe the facts of the case and the type of discrimination or violation of employment law that occurred.

UAGC | BUS670 | Week 05 | The EEOC and Filing a Charge of Discrimination

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Hello, students. Welcome to week five of our course. And today, we are going to learn about the EEOC and filing a charge of discrimination. The US Equal Employment Opportunity Commission, or EEOC, is one of the most influential administrative agencies in business law. It was created as part of the Civil Rights Act of 1964 for the purpose of enforcing prohibited employment discrimination against protected classes, such as race, religion, national origin, color and sex under Title VII of that legislation.

Since that time, these classes have been redefined and expanded to include discrimination related to such areas as age, disabilities, harassment, retaliation, gender identity, and sexual orientation. The scope of the EEOC is very broad. But essentially, it establishes a system in which employees can seek remedial action for acts of illegal discrimination committed by their employer. This includes improper activities involving hiring, firing, promotions, harassment, training, wages, and benefits.

One of the main functions of the EEOC is to establish a system for employees to pursue claims of illegal discrimination against employers. In most situations, a lawsuit cannot be filed unless the employee first files a charge with the agency. When this is done, the EEOC will interview the claimant. And if the facts warrant, it will conduct an investigation into the matter. If pursuing legal action is appropriate, the EEOC will represent the employee in the case, usually when there are blatant acts of discrimination. The agency could also issue a right to sue letter, which can be taken to a private attorney so that a lawsuit can be filed.

Professor, what type of laws are enforced by the EEOC, federal or state?

Excellent question, Emily. It is important to remember that the EEOC only enforces federal laws. Therefore, employees should also consider filing a complaint of discrimination with state employment agencies. This may be more effective because some states may provide rights that are not offered at the federal level. One example of this is that workers with children cannot be discriminated against. In addition, several states partner with the EEOC. So the charge has a dual filing status at the state level and at the federal level.

Before filing a claim of employment discrimination, employees are usually required to first bring their complaint of illegal activity to their employer's attention. This means that employers must have a system to address these claims. If the employer does not address the situation to the satisfaction of the employee, only then can charges be filed with the EEOC or state agency. In addition, there is a statute of limitations to submit charges, which is usually 180 days. Failure to follow these procedural steps can result in the dismissal of a claim, even in cases of egregious discrimination.

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