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Individuals who believe they have been discriminated against in employment begin our processes by filing administrative charges. Individual Commissioners may also initiate charges that the law has been violated. Through the investigation of charges, if the EEOC determines there is "reasonable cause" to believe that discrimination has occurred, it must then seek to conciliate the charge to reach a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the EEOC may bring suit in federal court. Whenever the EEOC concludes its processing of a case, or earlier upon the request of a charging party, it issues a "notice of right to sue" which enables the charging party to bring an individual action in court. The Commission also issues regulatory and other forms of guidance interpreting the laws it enforces, is responsible for the federal sector employment discrimination program, provides funding and support to state and local fair employment practices agencies (FEPAs), and conducts broad-based outreach and technical assistance programs. Authority The U.S. Equal Employment Opportunity Commission (EEOC) was established by Title VII of the Civil Rights Act of 1964 and began operating on July 2, 1965. The EEOC enforces the principal federal statutes prohibiting employment discrimination, including: Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin; the Age Discrimination in Employment Act of 1967, as amended (ADEA), which prohibits employment discrimination against individuals 40 years of age and older; the Equal Pay Act of 1963 (EPA), which prohibits discrimination on the basis of gender in compensation for substantially similar work under similar conditions; the Title I of the Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination on the basis of disability in both the public and private sector, excluding the federal government; the Civil Rights Act of 1991, which includes provisions for monetary damages in cases of intentional discrimination and clarifies provisions regarding disparate impact actions; and, Section 501 of the Rehabilitation Act of 1973, as amended, which prohibits employment discrimination against federal employees with disabilities. Budgeting and Staffing The EEOC's fiscal year 1998 budget appropriation was $242,000,000, including $27.5 million for payments to the FEPAs. For fiscal year 1999, Congress approved the President's request for $279,000,000, including $29 million for the FEPAs. Due to limited budgets throughout the 1980's and into the 90's, the EEOC's complement of full time employees fell from a high of 3,390 in 1980, to 2,544 at the end of fiscal year 1998. The decline in resources came at the same time the agency's enforcement obligations substantially expanded due to new statutory responsibilities. Charges under the ADA, enacted in 1990, currently account for nearly one quarter of EEOC's caseload. In addition, charge filings increased following the enactment of the Civil Rights Act of 1991. The increase has been particularly dramatic with regard to sexual harassment charges. Overall, charge filings have jumped from 62,135 in fiscal year 1990 to around 80,000 in both fiscal years 1997 and 1998. Approximately 90% of the agency's budget is allocated to fixed costs such as salaries, benefits, and rent. This is due to the highly personnel intensive nature of the EEOC's work in investigating, resolving, and litigating charges. However, it also means that only 10% of the agency's budget is available for such critically important functions as litigation support, technology, and staff training. The Commissioners and the General Counsel EEOC has five commissioners (one position is currently vacant) and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year, staggered terms. The term of the General Counsel is four years. The President designates a Chair and a Vice Chair. The Chair is the chief executive officer of the Commission. The five-member Commission makes equal employment opportunity policy and approves most litigation. The General Counsel is responsible for conducting EEOC enforcement litigation, and has the authority to decide whether to litigate basic individual disparate treatment claims under Title VII of the Civil Rights Act of 1964 (Title VII) and the Age Discrimination in Employment Act (ADEA). The Commissioners Ida L. Castro, Chairwomen Paul M. Igasaki, Vice Chair Paul Steven Miller, Commissioner Reginald E. Jones, Commissioner The General Counsel Clifford Gregory Stewart, General Counsel Commission Meetings In accordance with the Government in the Sunshine Act, meetings of the Commission are open to the public. However, all or part of a meeting may be closed for consideration of matters exempted under the Sunshine Act, such as recommendations for litigation, litigation strategy, administrative adjudication and other specified matters. Public observation does not include participation or disruptive conduct by observers. The Commission usually meets on the second Tuesday of the month at 2:00 p.m., although meetings are sometimes scheduled for other times. Commission meeting agendas are normally announced in the Federal Register at least one week in advance of a meeting. You can also call 202-663-7100 to hear a recorded message with the latest information on Commission meetings. This information will also be available on this web site. Bibliography: Word Count: 900
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