EEOC

The U.S. Equal Employment Opportunity Commission

Overview

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy and related conditions, 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 EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Authority & Role

The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. Our role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If we find that discrimination has occurred, we will try to settle the charge. If we aren't successful, we have the authority to file a lawsuit to protect the rights of individuals and the interests of the public and litigate a small percentage of these cases. When deciding to file a lawsuit, the EEOC considers several factors such as the strength of the evidence, the issues in the case, and the wider impact the lawsuit could have on the EEOC's efforts to combat workplace discrimination.

We also work to prevent discrimination before it occurs through outreach, education, and technical assistance programs.

The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. EEOC assures federal agency and department compliance with EEOC regulations, provides technical assistance to federal agencies concerning EEO complaint adjudication, monitors and evaluates federal agencies' affirmative employment programs, develops and distributes federal sector educational materials and conducts training for stakeholders, provides guidance and assistance to our Administrative Judges who conduct hearings on EEO complaints, and adjudicates appeals from administrative decisions made by federal agencies on EEO complaints.

EEOC Laws & Guidance

The types of laws and discrimination that the U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing are outlined in the following overview.

Federal Laws prohibit workplace discrimination and are enforced by EEOC. These are passed by Congress and signed by the President.

Regulations implement federal workplace discrimination laws. They are voted on by the Commission after the public has a formal opportunity to provide comments to EEOC. Find our current regulations, read and comment on proposed regulations, and see our regulatory agenda at the link above.

EEOC Subregulatory Guidance expresses official agency policy and explains how the laws and regulations apply to specific workplace situations. These documents include volume II of the EEOC’s Compliance Manual, and the enforcement guidance, policy guidance, and policy statements that are filed within it.

Rescinded and vacated regulations, guidance and technical assistance

Commission Decisions concern a specific charge of discrimination where the Commission votes to express official agency policy to be applied in similar cases by EEOC. They should not be confused with EEOC's federal sector appellate decisions in federal employee complaints of discrimination.

Commission Opinion Letters are approved by vote of the Commission and therefore represent the official position of the Commission. They should not be confused with Informal Discussion letters provided by EEOC-staff.

Memoranda of Understanding (MOUs) explain how two or more agencies will cooperate and interact when their enforcement responsibilities overlap. MOUs involving other federal agencies must be approved by a majority of the Commissioners. EEOC also enters into MOUs with foreign embassies and consulates to enhance cooperation on matters involving employment discrimination.

Informal Discussion Letters respond to circumstance-specific questions from the public and to other agencies' requests for public comment posted in the Federal Register. They are written by staff in the Office of Legal Counsel and are not official opinions of the Commission.

Workplace Laws Not Enforced by the EEOC
Federal laws prohibiting discrimination or regulating workplace issues that are not enforced by the EEOC.

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Employees & Job Applicants

The U.S. Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination. These laws protect you against employment discrimination when it involves:

Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Denial of a reasonable workplace accommodation that you need because of your religious beliefs or disability.
Retaliation because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

If you believe that you have been discriminated against at work, you can file a "Charge of Discrimination." All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

Note: Federal employees and job applicants have similar protections, but a different complaint process.

Not all employers are covered by the laws we enforce, and not all employees are protected. This can vary depending on the type of employer, the number of employees it has, and the type of discrimination alleged. Also, there are strict time limits for filing a charge that you should be aware of. Because of this, we strongly urge you to read the following information to help determine your rights and what action you need to take.

Coverage
Is your employer covered? Are you protected?
Timeliness
How long do you have to file a charge?
Filing a Charge
How to file, EEOC's charge handling process, remedies, etc.
Discrimination by Type

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Know Your Rights: Workplace Discrimination is Illegal

The US Equal Employment Opportunity Commission (EEOC) enforces Federal Laws that protect you against employment Discrimination. If you believe you have been discriminated against at work or when applying for a job, the EEOC can help you.

Who is Protected?

Employees (current and former), including managers and temporary employees
Job applicants
Union members and Applicants for membership in a union

What Organizations are Covered?

Most private employers
State and local governments (as employers)
Educational institutions (as employers)
Unions
Staffing agencies

What Types of Employment Discrimination are Illegal?

Under EEOC’s laws, an employer may not discriminate against you, regardless of your immigration status, on the bases of:

Race
Color
Religion
National origin
Sex (including pregnancy and related conditions, sexual orientation, or gender identity)
Age (40 and older)
Disability
Genetic information (including employer requests for, or purchase, use, or disclosure of genetic tests, genetic services, or family medical history)
Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.

What Employment Practices can be Challenged as Discriminatory?

All aspects of employment, including:

Discharge, firing, or lay-off
Harassment (including unwelcome verbal or physical conduct)
Hiring or promotion
Assignment
Pay (unequal wages or compensation)
Failure to provide reasonable accommodation for a disability or a sincerely-held religious belief, observance or practice
Benefits
Job training
Classification
Referral
Obtaining or disclosing genetic information of employees
Requesting or disclosing medical information of employees
Conduct that might reasonably discourage someone from opposing discrimination, filing a charge, or participating in an investigation or proceeding.

What can You do if You Believe Discrimination has Occurred?

Contact the EEOC promptly if you suspect discrimination. Do not delay, because there are strict time limits for filing a charge of discrimination (180 or 300 days, depending on where you live/work). You can reach the EEOC in any of the following ways:

Submit an inquiry through the EEOC’s Public Portal: https://publicportal.eeoc.gov/Portal/Login.aspx
Call:
1-800-669-4000 (toll free)
1-800-669-6820(TTY)
1-844-234-5122 (ASL Video Phone)
Visit an EEOC Field Office (information at eeoc.gov/field-office)
E-Mail: info@eeoc.gov

Additional information about the EEOC, including information about filing a charge of discrimination, is available at www.eeoc.gov.

Employers Holding Federal Contracts or Subcontracts

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) enforces the nondiscrimination and affirmative action commitments of companies doing business with the Federal Government. If you are applying for a job with, or are an employee of, a company with a Federal contract or subcontract, you are protected under Federal law from discrimination on the following bases:

Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National Origin

Executive Order 11246, as amended, prohibits employment discrimination by Federal contractors based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

Asking About, Disclosing, or Discussing Pay

Executive Order 11246, as amended, protects applicants and employees of Federal contractors from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.

Disability

Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals with disabilities from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment by Federal contractors. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship to the employer. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

Protected Veteran Status

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination against, and requires affirmative action to recruit, employ, and advance in employment, disabled veterans, recently separated veterans (i.e., within three years of discharge or release from active duty), active duty wartime or campaign badge veterans, or Armed Forces service medal veterans.

Retaliation

Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination by Federal contractors under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under OFCCP’s authorities should contact immediately:

The Office of Federal Contract Compliance Programs (OFCCP)
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 2021
1-800-397-6251 (toll-free)

If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. OFCCP may also be contacted by submitting a question online to OFCCP’s Help Desk at https://ofccphelpdesk.dol.gov/s/, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor and on OFCCP’s “Contact Us” webpage at https://www.dol.gov/agencies/ofccp/contact.

Programs or Activities Receiving Federal Financial Assistance

Race, Color, National Origin, Sex

In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.

Individuals with Disabilities

Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job.

If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

(Revised 10/20/2022)

Filing A Charge of Discrimination

With the EEOC

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action.

All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge. The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it.

A Charge of Discrimination can be completed through our EEOC Public Portal after you submit an online inquiry and we interview you. Filing a formal charge of employment discrimination is a serious matter. In the EEOC's experience, having the opportunity to discuss your concerns with an EEOC staff member in an interview is the best way to assess how to address your concerns about employment discrimination and determine whether filing a charge of discrimination is the appropriate path for you. In any event, the final decision to file a charge is your own.

If you have 60 days or fewer in which to file a timely charge, the EEOC Public Portal will provide special directions for quickly providing necessary information to the EEOC and how to file your charge quickly. Or, go to Find Your Nearest Office and enter your zip code for the contact information of the EEOC office closest to you.

The laws enforced by the EEOC require the agency to accept charges alleging employment discrimination. If the laws do not apply to your claims, if the charge was not filed within the law's time limits, or if the EEOC decides to limit its investigation, the EEOC will dismiss the charge without any further investigation and notify you of your legal rights.

With A State or Local Agency

Many states and local jurisdictions have their own anti-discrimination laws, and agencies responsible for enforcing those laws (Fair Employment Practices Agencies, or FEPAs). If you file a charge with a FEPA, it will automatically be "dual-filed" with EEOC if federal laws apply. You do not need to file with both agencies.