Following is EEOC’s summary of laws and procedures applying to its enforcement powers inside the federal government, included in its recently updated strategic plan.
The EEOC enforces the following laws (listed in the order the EEOC obtained authority):
Title VII of the Civil Rights Act of 1964 (Title VII), 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 (ADEA),as amended, which prohibits employment discrimination against individuals 40 years of age and older;
The Equal Pay Act of 1963 (EPA), as amended, which prohibits discrimination on the basis of sex in compensation for substantially equal work performed under similar conditions;
Section 501 of the Rehabilitation Act of 1973, as amended, which prohibits employment discrimination against federal employees and applicants with disabilities;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), as amended, which prohibits employment discrimination on the basis of disability in the private sector and in state and local government; and
The Genetic Information Non-Discrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information.
These laws also make it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Title VII and subsequent employment antidiscrimination laws guarantee that "[a]ll personnel actions" affecting employees or applicants for employment by the federal agencies "shall be made free from any discrimination" based on race, color, religion, sex, national origin, age, disability or genetic information. Federal employees are also protected against retaliation for complaining about discrimination, filing a charge of discrimination, or participating in an employment discrimination investigation or lawsuit. The EEOC is charged with both adjudicatory and oversight responsibilities with regard to this guarantee.
A federal employee or applicant ("the complainant") who believes he or she has been subjected to unlawful employment discrimination must first contact his or her agency’s equal employment opportunity ("EEO") counselor, who will provide the complainant with the choice of participating either in EEO counseling or in a federal alternative dispute resolution ("ADR") program. If the matter is not settled during counseling or through ADR, the complainant may file a formal complaint with his or her agency’s EEO office and the agency must investigate the complaint if it determines the complaint meets jurisdictional and other requirements. While the investigatory processes of an agency are governed by procedural regulations issued by the EEOC, an agency has full control over the investigation itself.
At the conclusion of the investigation, the complainant is given the option of requesting a hearing with an EEOC administrative judge ("AJ"), who will adjudicate and rule on the claim, or asking their agency to issue a final decision as to whether discrimination occurred. If the complainant chooses the latter course and asks for a final agency decision, he or she can appeal the final agency decision to the EEOC. The EEOC will review the decision by the agency, adjudicate the claim, and issue a final decision. A complainant may pursue his or her claim in court if a final decision is not issued within 180 days of the date the complaint or EEOC appeal was filed. [
If the complainant chooses to have an AJ hear his or her claim and is dissatisfied with the judge’s decision, the complainant may file an appeal with the EEOC. Their agency may also file an appeal from an AJ’s determination. The EEOC will review the ruling by the AJ, adjudicate the claim, and issue a final appellate decision.
The EEOC has authority to provide appropriate remedies to a federal complainant, including reinstatement, back pay, and damages. Relief ordered by the EEOC is binding on an agency, except in limited circumstances, and the agency may not appeal an adverse decision in federal court. As with a charging party in the private sector, the federal complainant may file a lawsuit in federal court to resolve the claims of discrimination once the EEOC’s final decision has been issued.
The EEOC also has oversight responsibilities in the federal sector. The EEOC is authorized to review, approve, and evaluate federal agency equal employment opportunity plans and affirmative action programs and to review and evaluate the operation of all federal agency EEO programs. The EEOC conducts comprehensive reviews of federal agencies’ EEO programs and their progress toward attaining model EEO status under Management Directive 715. Each review is tailored to the individual agency’s needs and may include a written workforce analysis by race, sex, national origin and disability. A review also provides assistance in identifying barriers to equal opportunity at an agency and helps formulate plans to eliminate such barriers. The EEOC may also undertake on-site program evaluations that may result in remedial recommendations and a schedule of compliance reports.
