This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to inform-editor@umail.umd.edu. INFORMATION FOR THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) The U.S. Equal Employment Opportunity Commission was created by Congress and enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Since 1979, EEOC also has enforced: the Age Discrimination in Employment Act of 1967, which protects employees 40 years of age or older; the Equal Pay Act of 1963, which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination; and Section 501 of the Rehabilitation Act of 1973, which prohibits federal sector discrimination against persons with disabilities. On July 26, 1992, EEOC will begin enforcing the Americans with Disabilities Act, which prohibits discrimination against individuals in the private sector, and in state and local governments based on disability. EEOC is also responsible for enforcing any subsequent changes to the above statutes. EEOC provides oversight and coordination of all federal regulations, practices and policies affecting equal employment opportunity. THE COMMISSION EEOC has five Commissioners 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 Chairman and a Vice Chairman. The Chairman is the chief executive officer of the Commission. The five-member Commission makes equal employment opportunity policy and approves all litigation. The General Counsel is responsible for conducting EEOC enforcement litigation. WORK OF THE COMMISSION EEOC staff receives and investigates employment discrimination charges against private employers and state and local governments. If the investigation shows reasonable cause to believe that discrimination occurred, the Commission will begin conciliation efforts. If conciliation fails, the charge will be considered for litigation. The Commission's policy is to seek full and effective relief for each and every victim of employment discrimination, whether sought in court or in conciliation agreements before litigation, and to provide remedies designed to correct the discrimination and prevent its recurrence. The Justice Department is the only federal agency that may sue a state or local government for a violation of Title VII or the ADA. EEOC may sue a state or local government for violations of the ADEA or EPA. If the Commission decides not to litigate a charge, a notice of the right to file a private suit in federal district court will be given to the charging party. At the charging party's request, a notice of right to sue also will be issued at any time after the expiration of 180 days from the date the charge was filed. EEOC'S MISSION The mission of the Commission is to ensure equality of opportunity by vigorously enforcing federal laws prohibiting employment discrimination through investigation, conciliation, litigation, coordination, education and technical assistance. 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 and other specified matters. For information about Commission meetings, call 202-663-4070 (voice) or 202-663-4018 (TDD). Agenda items for Commission meetings are announced in the Federal Register one week in advance of the meeting. HEADQUARTERS OFFICES AND THEIR FUNCTIONS Communications and Legislative Affairs: Serves as the Commission's primary external communications link with the news media, the U.S. Congress, constituency groups, and the public, and conducts internal communications. Equal Employment Opportunity: Develops policies and implements approved affirmative employment programs to ensure equal employment opportunity within EEOC and executes procedures for prompt and fair resolution of EEO complaints. General Counsel: Recommends and conducts all EEOC litigation in class, systemic and individual cases of discrimination and subpoena enforcement actions. Presents the Commission's views as amicus curiae in cases in which the Commission is not a party. Inspector General: Conducts internal and external investigations and audits related to the programs and operation of the Commission. Legal Counsel: Serves as principal advisor to the Commission on non-enforcement litigation matters and represents the Commission in defensive litigation and administrative hearings. Prepares Commission decisions on charges involving issues for which there is no precedent, develops all policy guidance for Commission consideration and carries out the Commission's leadership and coordination role for the federal government's EEO programs. Writes regulations, conducts outreach and education efforts, and coordinates all federal issuances affecting equal employment opportunity. Management: Oversees administrative, financial, personnel and management support services. Develops and administers the Commission's budget. Program Operations: Manages, directs and coordinates field office operations and systemic investigations. Implements the Commission's state and local charge deferral and contracting program and conducts the national EEO survey report program. Federal Operations: Develops policy guidance for federal agency affirmative action programs and provides guidance and a hearings program for federal discrimination complaints. Decides or recommends decisions to the Commission on appeals from federal agency decisions on EEO complaints or negotiated bargaining agreement grievances where allegations of discrimination are raised and on petitions for review of Merit Systems Protection Board decisions involving allegations of discrimination. TITLE VII Employment discrimination based on race, color, religion, sex or national origin is prohibited by Title VII of the Civil Rights Act of 1964. Title VII covers private employers, state and local governments, and educational institutions that have 15 or more employees. The federal government, private and public employment agencies, labor organizations, and joint labor-management committees for apprenticeship and training also must abide by the law. It is illegal under Title VII to discriminate in: * Hiring and firing; * Compensation, assignment or classification of employees; * Transfer, promotion, layoff or recall; * Job advertisements; * Recruitment; * Testing; * Use of company facilities; * Training and apprenticeship programs; * Fringe benefits; * Pay, retirement plans and disability leave; or * Other terms and conditions of employment. Under the law, pregnancy, childbirth and related medical conditions must be treated the same as any other non-pregnancy-related illness or disability. Title VII prohibits retaliation against a person who files a charge of discrimination, participates in an investigation or opposes an unlawful employment practice. Employment agencies may not discriminate in receiving, classifying or referring applications for employment or in their job advertisements. Labor unions may not discriminate in: accepting applications for membership; classifying members; referrals; training and apprenticeship programs; and in advertising for jobs. It is illegal for a labor union to cause or try to cause a union to discriminate. The Immigration Reform and Control Act of 1986 requires employment to be able to prove that all employees hired after November 6, 1986, are legally authorized to work in the United States. However, an employer who requests employment verification only from individuals of a particular national origin, or individuals who appear to be or sound foreign, may have violated both the Immigration Act and Title VII. Citizenship requirements, preferences or rules requiring employees to be fluent in English or speak only English at work may be unlawful if they disproportionately exclude individuals of a particular national origin and are not justified by business necessity. For further information about employment rights and responsibilities under the Immigration Reform and Control Act, call the Office of Special Counsel for Immigration-Related Unfair Employment Practices toll free at 1-800-255-7688 (voice) or 1-800-237-2515 (TDD). THE AMERICANS WITH DISABILITIES ACT (ADA) Title I of the Americans with Disabilities Act of 1990, which takes effect July 26, 1992, prohibits private employees and state and local governments with 25 or more employees (15 or more after July 26, 1994), employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, fringe benefits, job training, and other terms, conditions and privileges of employment. An individual with a disability is a person who: * Has a physical or mental impairment that substantially limits one or more major life activities; * Has a record of such an impairment; or * Is regarded as having such an impairment. A qualified employee or applicant with a disability is an individual who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position. Reasonable accommodation may include, but is not limited to: * Making existing facilities used by employees readily accessible to and usable by persons with disabilities; * Job restructuring, modification of work schedules, reassignment to a vacant position; or * Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters. An employer is required to make a resonable accommodation in order to provide an equal employment opportunity to a qualified applicant or employee with a disability, unless this would impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as a business' size, financial resources and the nature and structure of its operation. An employer is not required to lower quality or production standards to make and accommodation. Nor is an employer generally obligated to provide personal use items such as eyeglasses or hearing aids. Before a job offer is made, employees may not ask job applicants about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of current employees must be job-related and consistent with the employer's business needs. Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA, when an employer acts on the basis of such use. Tests for illegal use of drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs, and alcoholics, to the same performance standards as other employees. EQUAL PAY ACT (EPA) The Equal Pay Act prohibits employers from discriminating between men and women on the basis of sex in the payment of wages where they perform substantially equal work under similar working conditions in the same establishment. The law also prohibits employers from reducing the wages of either sex to comply with the law. A violation may exist where a different wage is paid to a predecessor or sucessor employee of the opposite sex. Labor organizations may not cause employers to violate the law. Retaliation against a person who files a charge of equal pay discrimination, participates in an investigation or opposes an unlawful employment practice also is illegal. The law protects virtually all private employees, including executive, administrative, professional and outside sales employees who are exempt from minimum wage and overtime laws. Most federal, state and local government workers also are covered. The law does not apply to pay differences based on factors other than sex, such as seniority, merit or systems that determine wages based upon the quantity or quality of items produced or processed. Many EPA violations may be violations of Title VII of the Civil Rights Act of 1964, which also prohibits sex-based wage discrimination. Such charges may be filed under both statutes. AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) Persons 40 years of age or older are protected by the Age Discrimination in Employment Act of 1967. The law prohibits age discrimination in hiring, discharge, pay, promotions and other terms and conditions of employment. Retaliation against a person who files a charge of age discrimination, participates in an investigation or opposes an unlawful practice also is illegal. The law applies to private employers of 20 or more workers, federal, state and local governments, employment agencies and labor organizations with 25 or more members. Labor organizations that operate a hiring hallor office that recruits potential employees or obtains job opportunities also must abide by the law. It shall be unlawful to cease or redue the rate of pension benefit accruals or allocations because of age for employees who have at least one hour of service in pension plan years beginning on or after January 1, 1988. Limitations on the amount of benefits, years of service or years of participation may be permissible, if the limits are imposed without regard to age. The Older Workers Benefit Protection Act (OWBPA) was enacted on October 16, 1990, effective generally on April 15, 1991. There are delayed effective dates for certain collectively bargained plans and certain state and local government employers. OWBPA makes clear that employee benefits and benefit plans are subject to the ADEA. The Act codifies EEOC regulations addressing employee benefits and states that the employer has the burden of proving the lawfulness of certain benefits-related actions. New provisions were enacted affecting early retirement incentive plans and permitting certain offsets against severance payments and long-term disability. Title II of OWBPA sets out minimum criteria that must be satisfied before a waiver of any ADEA right or claim will be considered a "knowing and voluntary" waiver. State and local governments may make age-based hiring and retirement decisions for firefighters and law enforcement officers if the particular age limitation was in effect on March 3, 1983, and the action taken is pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade the purposes of the Act. The section in question is scheduled to expire on December 31, 1993. Institutions of higher education may involuntarily retire an employee at age 70 who is serving under a contract of unlimited tenure or a similar arrangement. The section in question is scheduled to expire on December 31, 1993. The ADEA does not prohibit the compulsory retirement of certain bona fide executives or high policymaking personnel as discussed in section 12(c)(1) of the Act. HOW TO FILE A CHARGE If you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of race, color, sex, religion, national origin, age, or disability*, you may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. Charges may be filed in person, by mail or by telephone by contacting the nearest EEOC office. If there is not an EEOC office in the immediate area, call toll free 800-699-4000 (voice) or 800-800-3302 (TDD) for more information. To avoid delay, call or write beforehand if you need special assistance, such as interpreter, to file a charge. There are strict time frames in which charges of employment discrimination must be filed. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, adhere to the following guidelines when filing a charge. Title VII charges must be filed with EEOC within 180 days of the alleged discrimination law and an agency authorized to grant or seek relief, a charge must be presented to that state or local agency. In such jurisdictions, you may file charges with EEOC within 300 days of the discriminatory act, or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier. It is best to contact EEOC promptly when discrimination is suspected. When charges or complaints are filed beyond these time frames, the private right of action may be unavailable. EEOC may file a lawsuit if it finds reasonable cause to believe that discrimination occurred and conciliation efforts fail. An individual may file a private suit within 90 days of receiving a notice of right-to-sue from EEOC. Americans with Disabilities Act (ADA) enforcement procedures and time line requirements are the same as those for Title VII charges. Age Discrimination in Employment Act (ADEA) charges may be filed by or on behalf of an aggrieved person. If a charge is filed on behalf of another, the aggrieved individual's identity may be kept confidential. Individuals who are aware of practices that may involve age discrimination, but who do not wish to file a charge, may bring the matter to EEOC's attention by filing a complaint. If a complaint is filed, the identity of the complainant ordinarily will not be disclosed without prior written consent. A complaint does not preserve the right to file a private suit. However, if a charge is filed, the charging party's name will be given to the employer. ADEA charges must be filed with EEOC within 180 days of the alleged discriminatory act. In states where there is a law prohibiting age discrimination in employment or authorizing a state agency to grant or seek relief, a proceeding must be commenced with the state agency as a prerequisite to private suit. In such jurisdictions, a charge may be filed with EEOC within 300 days of the discriminatory act, or 30 days after receiving notice that the stae terminated its processing of the charge, whichever is earlier. When charges or complaints are filed beyond these time frames, the private right of action may be unavailable. Persons who file timely charges of age discrimination or who are the beneficiaries of timely filed charges, may file suit against the respondent named in the charge within 90 days of receipt of notice that the Commission has dismissed or otherwise terminated proceedings. EEOC is also empowered to file suit to remedy violations of the Act. Equal Pay Act (EPA) - Individuals are not required to file an EPA charge with EEOC before filing a private lawsuit. However, some cases of wage discrimination also may be violations of Title VII. Charges may be filed concurrently under both laws. If an EPA charge is filed with EEOC, the procedure for filing is the same as for charges brought under Title VII. An EPA lawsuit must be filed within two years (or three years for willful violations) of the discriminatorily lower wage. Filing a charge with the EEOC will not stop the running of the two-year (or three-year) period for filing a lawsuit. If a complaint is filed under EPA, the identity of the complainant will not be disclosed. However, if a charge is filed under both Title VII and EPA, the charging party's name will be given to the employer. If EEOC finds reasonable cause to believe that discrimination occurred and conciliation efforts fail, EEOC may file a lawsuit on behalf of the victim in federal district court. Should EEOC take action first, a private lawsuit may not be filed. * Disability discrimination charges under the ADA may be filed on or after July 26, 1992. GENERAL PROCEDURES 1. EEOC interviews the potential charging party to obtain as much information as possible about the alleged discrimination. If all legal jurisdictional requirements are met, a charge is properly drafted and the investigative procedure is explained to the charging party. 2. EEOC notifies the employer about the charge. In investigaing the charge to determine if discrimination occurred, EEOC requests information from the employer that addresses the issues directly affecting the charging party as well as other potentially aggrieved persons. Any witnesses who have direct knowledge of the alleged discriminatory act will be interviewed. If the evidence shows there is no reasonable cause to believe discrimination occurred, the charging party and the employer will be notified. The charging party may exercise the right to bring private court actions. 3. If the evidence shows there is reasonable cause to believe discrimination occurred, EEOC conciliates or attempts to persuade that employer to voluntarily eliminate and remedy the discrimination, following the standards of EEOC's Policy on Remedies and Relief for Individual Cases of Unlawful Discrimination. Remedies may include reinstatement of an aggrieved person to the job he or she would have had but for the discrimination, backpay, restoration of lost benefits and damages to compensate for actual monetary loss. Limited monetary damages may also be available to compensate for future monetary loss, mental anguish or pain and suffering, and to penalize a respondent who acted with malice or reckless indifference. The employer may also be required to post a notice in the workplace advising employees that it has complied with orders to remedy the discrimination. 4. EEOC considers the case for litigation if conciliation fails. If litigation is approved by the Commission, EEOC will file a lawsuit in federal district court on behalf of the charging party(ies). Charging parties may intitiate private civil action on their own in lieu of EEOC litigation. STATE AND LOCAL FAIR EMPLOYMENT PRACTICE AGENCIES (FEPAS) Under Title VII and ADA, EEOC must defer charges of discrimination to state or local Fair Employment Practice Agencies. The charge may be processed initially by either EEOC or the state or local agency, where a worksharing agreement so specifies. LITIGATION Most charges are conciliated or settled, making a court trial unnecessary. EEOC's Statement of Enforcement Policy commits the agency to consider for litigation each case in which reasonable cause has been found and conciliation has failed. If EEOC decides not to litigate a case, a notice of right to sue is issued, permitting the charging party to take the case to court if he or she chooses. RELIEF The Commission's policy is to seek full and effective relief for each and every victim of employment discrimination, whether it is sought in court or in conciliation agreements reached before litigation. In general, relief that may be sought includes: * Backpay (all); * Hiring, promotion, reinstatement, benefit, restoration, front pay and other affirmative relief (Title VII, ADA, ADEA); * Actual pecuniary loss other than backpay (Title VII, ADA); * Liquidated damages (ADEA, EPA); * Compensatory damages for future monetary losses and mental anguish (Title VII, ADA); * Punitive damages when employer acts with malice or reckless disregard for federally protected rights (Title VII, ADA); * Posting a notice to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation (all); * Corrective or preventive actions taken to cure the source of the identified discrimination and minimize the chance of its recurrence (all); * Reasonable accommodation (ADA); or * Stopping the specific discriminatory practices involved in the case (all). EEOC OFFICES EEOC has 23 district, 1 field, 17 area and 9 local offices. District offices are full service units which investigate charges and systemic cases and conduct litigation. Area offices investigate charges, including charges for potential litigation. Local offices investigate charges but forward cases to district offices for litigation development. The field office investigates charges and systemic cases and conducts litigation. It reports directly to Headquarters. Area Offices Albuquerque, NM Newark, NJ Boston, MA Norfolk, VA Cincinnati, OH Oklahoma City, OK El Paso, TX Pittsburgh, PA Jackson, MS Raleigh, NC Kansas City, MO Richmond, VA Little Rock, AR San Diego, CA Louisville, KY Tampa, FL Nashville, TN Local Offices Buffalo, NY Minneapolis, MN Fresno, CA Oakland, CA Greensboro, NC San Jose, CA Greenville, SC Savannah, GA Honolulu, HI Field Office Washington, DC District Offices Atlanta, GA Memphis, TN Baltimore, MD Miami, FL Birmingham, AL Milwaukee, WI Charlotte, NC New Orleans, LA Chicago, IL New York, NY Cleveland, OH Philadelphia, PA Dallas, TX Phoenix, AZ Denver, CO San Antonio, TX Detroit, MI San Francisco, CA Houston, TX Seattle, WA Indianapolis, IN St. Louis, MO Los Angeles, CA ADDITIONAL INFORMATION If you need further information, you may call EEOC toll free on 1-800-669-EEOC. The TDD number is 1-800-800-3302. For calls from the Washington, DC, metropolitan area, dial (202) 663-4900. The TDD local number is (202) 663-4494. The information contained in this brochure is intended as a general overview and does not carry the force of legal opinion. This brochure is available, upon request, in large print, Braille or on tape by writing to the Office of Equal Employment Opportunity, EEOC, 1801 L St., NW, Washington, DC 20507. Material contained in this publication is in the public domain and my be reproduced, fully or partially, without the permission of the federal government. The text of these laws is contained in the booklet "Laws Enforced by the EEOC," available by writing the Office of Communications and Legislative Affairs, EEOC, 1801 L St., NW, Washington, DC 20507.