Whether you are an employer or an employee, there may come a day when you are required to interact with the Equal Employment Opportunity Commission (EEOC). This article will discuss some basic information about employment discrimination and certain policies and procedures of the EEOC.
The EEOC is a federal agency charged with the responsibility of investigating cases of employment discrimination based on race, sex, color, religion, national origin, age and disability. The EEOC also handles claims of sexual harassment and sex-based wage discrimination. In the majority of employment discrimination cases, an employee must first file a written “charge” of discrimination with the EEOC or comparable state or local agency before going to court.
Suppose a 62 year old employee (Mr. Jones) worked at a large company as a manager for the past 25 years. Every year he received a raise and his work performance remained at a consistently high level. Suddenly the company begins downsizing and he and two other colleagues, both over the age of 60, are discharged from employment.
Understandably, Mr. Jones is upset and believes that his employment was terminated because of his advancing years. He may want to seek the assistance of the EEOC and charge that his employer violated the Age Discrimination in Employment Act of 1967 (ADEA). This Act protects employees age 40 and older who are discriminated against based on their age.
Mr. Jones can initiate an age discrimination claim with the EEOC or its state counterpart, the Pennsylvania Human Relations Commission (PHRC), by filing a written charge. These agencies require that questionnaires and/or affidavits be filed so that they can determine whether the employer has violated any federal or state employment laws. The EEOC and its agents will be looking for evidence of illegal actions taken against the claimant; the evidence presented may be direct or circumstantial. The more evidence that the claimant can provide, the greater his or her chances of convincing the EEOC or PHRC to take action.
Once the EEOC or PHRC has compiled the necessary information from the claimant, it will forward to the employer various documents, including:
- Notice of Charge of Discrimination-Charge Sheet, which generally outlines the employee’s claims
- Request for Information Notice (requesting documentation in the possession of the employer related to the relevant charges of discrimination)
- Notice of Settlement (reviewing possible settlement options)
In the situation mentioned above, suppose the employer had no discriminatory intent in discharging Mr. Jones and that he was truly “let go” for declining work performance. The burden now shifts to the employer to provide documentary evidence supporting the fact that Mr. Jones was not discharged because of his age; that there was some other lawful reason for his termination. From the employer’s perspective, it is essential to keep accurate and complete records describing all hiring and firing events and underlying rationales and procedures.
Once the EEOC or PHRC has received information from the employer and any other witnesses, it will make a finding as to whether or not it believes that an employment law has been violated. If the agency determines that Mr. Jones has been discriminated against because of his age, it may recommend that he be entitled to any of the following remedies: hiring, promotion, reinstatement, back pay, liquidated damages and/or attorney’s fees. These recommendations are not binding on either party. If the employer refuses to settle a claim, the employee will be issued a “right to sue” letter and may then opt to pursue a private civil action in court. (In ADEA cases a person can actually file a private cause of action 60 days after filing a charge, and is not required to wait for the “right to sue letter” to proceed to court.)
Employment discrimination is a vast and complex area of the law which is evolving rapidly. Please call our office any time you have a question related to employment matters.
— Amanda Davidson