 | |
| Agency overview | |
|---|---|
| Formed | July 2, 1965; 60 years ago (1965-07-02) |
| Jurisdiction | United States |
| Headquarters | 131 M Street,NEWashington, DC 20507 |
| Employees | 2,068 (FY21)[1] |
| Annual budget | $379,500,000 (FY18)[2] |
| Agency executive |
|
| Parent department | Independent Agency |
| Key document | |
| Website | eeoc.gov |
TheUnited States Equal Employment Opportunity Commission[3] (EEOC) is a United States federal government agency that was established via theCivil Rights Act of 1964 to administer and enforce civil rights laws againstworkplace discrimination.[4]: 12, 21 The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex (including sexual orientation, pregnancy, and gender identity), age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice.[5]
The commission also mediates and settles thousands of discrimination complaints each year prior to their investigation. The EEOC is also empowered to file civil discrimination suits against employers on behalf of alleged victims.[6][7] The Commission cannot adjudicate claims or impose administrative sanctions.[8] Since 2025, the acting chair of the EEOC isAndrea R. Lucas.
The EEOC has the authority to investigate and prosecute cases against most organizations, includinglabor unions andemployment agencies, employing 15 workers or more, or, in the case of age discrimination, 20 or more workers. The commissioner of the EEOC can issue charges without a complainant, referred to as a "commissioner's charge."[9] Discrimination complaints can be based on hiring, firing, promotions, harassment, training, wages, and/or benefits,[10] and responsibility covers:[11]
The EEOC investigation isconfidential until the charge is filed, when the EEOC has 10 days to notify the employer of the charge.[12] Charges may be filed on behalf of someone else to maintain some anonymity, for example, a parent may file a charge on behalf of aminor child.[13]
Because all federal agencies are required to offer analternative dispute resolution,[14] the EEOC offersmediation with external or internal professional mediators as a voluntary alternative tolitigation, which typically results in faster resolutions.[15] In the 2020fiscal year (FY), the EEOC reported more than 6,000 mediations conducted recovering nearly half of the $333.2 million in relief from mediation,conciliation, andsettlement.[16] Mediation is offered, or can be requested, prior to investigation, or after a finding of discrimination has been issued, during conciliation. If the EEOC does not find merit in the charge, they will not offer, nor allow for a request, for mediation.[17] The average mediation with the EEOC takes three months.[15]
Employers have 30 days from receipt of a charge to respond to allegations prior to any investigation or mediation offering, or if voluntary mediation was used, but unsuccessful. Charging parties have 20 days to respond to the respondent's position statement.[12][18] The EEOC may ask the employer for additional information such as witness interviews, an on-site interview, or personnel files and policies. An investigator will determine whether or not there is reasonable cause to determine whether or not discrimination has occurred.[19] In FY 2020, the EEOC found 17.4% of charged cases to have merit.[16] The EEOC says investigations typically take 10 months or longer.[12]
A right to sue gives claimants the right to file a lawsuit in federal court. Right-to-sue notices are granted when the agency does not pursue litigation, because the claimant requests the notice after 180 days have elapsed into an investigation; the EEOC finds merit following an investigation, but declines to prosecute; or the agency is unable to determine if there is reasonable cause that the law may have been violated.[12]
Charges filed under the Equal Pay Act or Age Discrimination in Employment Act do not require a right to sue. Age discrimination lawsuits may be filed 60 days after the charge has been filed with the EEOC, while lawsuits due to wage discrimination based on sex may be within two years from the last discriminatory paycheck.[12]
TheOffice of General Counsel, which is led by an appointee of thepresident that has been confirmed by theSenate for a four-year term, prosecutes EEOC cases to recover relief for complainants the agency has found to be victims of discrimination.[20] The EEOC does not have the resources to file a lawsuit in every case where discrimination has been found and weighs the seriousness and potential impact on determining whether or not to litigate.[21] In FY 2020, the EEOC recovered $106 million in relief through litigation of 93 meritorious lawsuits, 13 of which were systemic, accounting for $69.9 million of the relief.[16] The EEOC defines systemic cases as "pattern or practice, policy and/or class cases where the discrimination has a broad impact on an industry, profession, company or geographic location," and all cases are investigated as potentially systemic.[9]
When a finding of discrimination is found by the EEOC, the goal of the agency isinjunctive relief, both to put the victim in the position they would have been in had the discrimination not occurred, and to stop and prevent the discriminatory behavior. This could include back-pay, job reinstatement, attorney's fees, expert witness fees, court costs, othercompensatory damages, andpunitive damages. Age-based discrimination and gender-based wage discrimination are not eligible for compensatory or punitive damages, but instead are limited to liquidated damages equal to the amount of back pay.Pecuniary future damages and non-pecuniary damages are limited per employee by the size of the employer:[22]
EEOC applies an investigative compliance policy when respondents are uncooperative in providing information during an investigation of a charge. If a respondent fails to turn over requested information, field offices are to subpoena the information, file a direct suit on the merits of a charge, or use the legal principle ofadverse inference, which assumes the withheld information is against the respondent.[23]
In 1941, the precursor of the EEOC was set up withExecutive Order 8802 of FDR:Fair Employment Practice Committee (FEPC).[24]
On March 6, 1961, PresidentJohn F. Kennedy signedExecutive Order 10925, which required government contractors to "take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin."[25] It established the President's Committee on Equal Employment Opportunity, which then Vice PresidentLyndon Johnson was appointed to head. This was the forerunner of the EEOC.
The EEOC was established on July 2, 1965. Management directive 715 is a regulatoryguidance document from the commission to allfederalagencies regarding adherence toequal opportunity employment laws and reporting requirements.
The EEOC's first complainants were female flight attendants.[26] However, the EEOC at first ignored sex discrimination complaints, and the prohibition against sex discrimination in employment went unenforced for the next few years.[27] One EEOC director called the prohibition "a fluke... conceived out of wedlock."[27]
In 2005, the EEOC established the Systemic Task Force (STF) to evaluate how the agency combats systemic discrimination. In March 2006, the STF determined that the agency could not effectively address system discrimination without a nationwide system, but that the EEOC was uniquely prepared to fight systemic discrimination because the EEOC's broad authority, commissioner's charges, access to data, exemption from Rule 23 of theFederal Rules of Civil Procedure, focus on injunctive relief, and nationwide coverage. As a result, the commission created the role of Systemic Coordinator and Lead Systemic Investigator, and implemented programs that resulted in improved systemic expertise in the agency and all charges being investigated as potential systemic cases.[9]
In 2008, disability-based charges handled by the EEOC rose to a record 19,543, up 10.2 percent from the prior year and the highest level since 1995.[28] That may again be showing that because the EEOC has not adjusted many of their initial 1991 fines for inflation, the backlog of EEOC cases illustrates erosion of deterrence.
In 2011, the Commission included "sex-stereotyping" of lesbian, gay, and bisexual individuals, as a form of sex discrimination illegal under Title VII of the Civil Rights Act of 1964.[29][30] In 2012, the Commission expanded protection provided by Title VII to transgender status and gender identity.[29][31] In 2015, it concluded that for Title VII, sex discrimination includes discrimination based on sexual orientation.[32][33] The Supreme Court upheld this position inR.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission in 2020.
In 2012, the EEOC achieved a second consecutive year of a significant reduction in the charge inventory, something not seen since FY 2002. Due to a concerted effort, the EEOC reduced the pending inventory of private sector charges by 10 percent from FY 2011, bringing the inventory level to 70,312. This inventory reduction is the second consecutive decrease of almost ten percent in charge inventory.[34]
During FY 2020, the EEOC secured a record amount of recovery, more than $535 million, for victims of discrimination in the workplace.[35] Also, the agency reduced the private sector charge inventory by nearly 4 percent to the lowest level in 14 years.[36] Notably, the agency increased the percentage of charges resolved and those with an outcome favorable to the charging party increased by nearly two percent, to 17.4 percent.[37]
At the onset of theSecond presidency of Donald Trump, on February 2025, the EEOC moved to dismiss six of its own pending cases alleging gender identity discrimination: One in Alabama, one in California, three in Illinois and one in New York.[38][39] It cited PresidentDonald Trump's January 20, 2025, executive order, "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government", which defines sex as binary.[39][40]
Amid an aggressive campaign by the Trump administration to endDEI programs at federal agencies; in February 2025, EEOC acting chair Andrea Lucas sent letters to 20 law firms stating that they were being investigated for their DEI policies, and demanding employment practice details.[41][42] On March 19, 2025,[43] the EEOC and theDepartment of Justice (DOJ) jointly released newDEI guidelines.[44]
In 1975, when the backlog reached more than 100,000 charges to be investigated, PresidentGerald Ford's full requested budget of $62 million was approved. A "Backlog Unit" was created inPhiladelphia in 1978 to resolve the thousands of federal equal employment complaints inherited from theCivil Service Commission. In 1980,Eleanor Holmes Norton began re-characterizing the backlog cases as "workload" in her reports to Congress, thus fulfilling her promise to eliminate the backlog.[45]
In June 2006, civil rights and labor union advocates publicly complained that the effectiveness of the EEOC was being undermined by budget and staff cuts and the outsourcing of complaint screening to a private contractor whose workers were poorly trained. In 2006, a partial budget freeze prevented the agency from filling vacant jobs, and its staff had shrunk by nearly 20 percent from 2001. A Bush administration official stated that the cuts had been made because it was necessary to direct more money to defense and homeland security.[46] By 2008, the EEOC had lost 25 percent of its staff over the previous eight years, including investigators and lawyers who handle the cases. The number of complaints to investigate grew to 95,400 in fiscal 2008, up 26 percent from 2006.[47]
The outsourcing to Pearson Government Solutions in Kansas cost the agency $4.9 million and was called a "huge waste of money" by the president of the EEOC employees' union in 2006.[46]
The EEOC requires employers to report various information about their employees, in particular theirracial/ethnic categories, to prevent discrimination based on race/ethnicity. The definitions used in the report have been different at different times.
In 1997, theOffice of Management and Budget gave aFederal Register Notice, the "Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity," which defined new racial and ethnic definitions.[48] As of September 30, 2007, the EEOC's EEO-1 report must use the new racial and ethnic definitions in establishing grounds for racial or ethnic discrimination.[49] If an employee identifies their ethnicity as "Hispanic or Latino" as well as a race, the race is not reported in EEO-1, but it is kept as part of the employment record.
A person's skin color or physical appearance can also be grounds for a case of racial discrimination.[50][51] Discrimination based on national origin can be grounds for a case on discrimination as well.[52]
On May 1, 2013, aDavenport, Iowa jury awarded the U.S. Equal Employment Opportunity Commissission damages totaling $240 million—the largest verdict in the federal agency's history—for disability discrimination and severe abuse.[53] The jury agreed with the EEOC that Texas-based Hill County Farms, doing business in Iowa as Henry's Turkey Service, subjected a group of 32 men with intellectual disabilities to severe abuse and discrimination for a period between 2007 and 2009, after 20 years of similar mistreatment.[53] This victory received international attention and was profiled inThe New York Times.[54]
On June 1, 2015, the U.S. Supreme Court held in an8–1 decision written by JusticeAntonin Scalia that an employer may not refuse to hire an applicant if the employer was motivated by avoiding the need to accommodate a religious practice. Such behavior violates the prohibition on religious discrimination contained in Title VII of the Civil Rights Act of 1964.[55] EEOC General Counsel David Lopez hailed the decision. "At its root, this case is about defending the quintessentially American principles of religious freedom and tolerance," Lopez said. "This decision is a victory for our increasingly diverse society and we applaud Samantha Elauf's courage and tenacity in pursuing this matter."[55]
Some employment-law professionals criticized the agency after it issued advice that requiring a high school diploma from job applicants could violate theAmericans with Disabilities Act. The advice letter stated that the longtime lowest common denominator of employee screening must be "job-related for the position in question and consistent with business necessity." ABallard Spahr lawyer suggested, "There will be less incentive for the general public to obtain a high school diploma if many employers eliminate that requirement for job applicants in their workplace."[56]
The EEOC has been criticized for alleged heavy-handed tactics in their 1980 lawsuit against retailerSears, Roebuck & Co. Based on a statistical analysis of personnel and promotions, EEOC argued that Sears both was systematically excluding women from high-earning positions incommission sales and was paying female management lower wages than male management. Sears, represented by lawyerCharles Morgan, Jr., counter-argued that the company had encouraged female applicants for sales and management, but women preferred lower-paying positions with more stable daytime working hours, as compared to commission sales, which demanded evening and weekend shifts and featured drastically varying paychecks, depending on the numbers of sales in a given pay period. In 1986, the court ruled in favor of Sears on all counts and noted that the EEOC had neither produced a single witness who alleged discrimination nor identified any Sears policy that discriminated against women.[57][58]
In a 2011 ruling against the EEOC, JudgeLoretta A. Preska declared that the agency relied too heavily onanecdotal claims rather than on hard data, in a lawsuit againstBloomberg, L.P. that alleged discrimination against pregnant employees. In a ruling described in theNew York Times[59] as "strongly worded," Preska wrote, "the law does not mandate 'work–life balance' and added that while Bloomberg had expected high levels of dedication from employees, the company did not treat women who took pregnancy leave differently from those who took leave for other reasons.
During thefirst Donald Trump administration, the EEOC came under criticism for being ineffective.[60][61] The budget allocated to the EEOC by Congress has forced it to downsize, cutting its original staffing levels by over 40%.[62]
The commission is composed of five members, appointed by thepresident of the United States with the consent of theUnited States Senate. They serve terms of five years. They may continue to serve until their successor are appointed and qualified, though not longer than 60 days when the Senate is in session without a nomination having been submitted, or after theadjournment sine die of the session of the Senate in which such nomination was submitted. No more than three members of the commission may be members of the same political party.[63]
The President designates one member to serve as chairman, and one member to serve as vice chairman. Three members of the commission constitutes a quorum.[63]
The current commissioners as of November 6, 2025[update]:[64]
| Position | Name | Party | Took office | Term expires |
|---|---|---|---|---|
| Chair | Andrea R. Lucas | Republican | October 23, 2020 | July 1, 2030 |
| Commissioner | Kalpana Kotagal | Democratic | August 9, 2023 | July 1, 2027 |
| Commissioner | Brittany Panuccio | Republican | October 27, 2025 | July 1, 2029 |
| Commissioner | Vacant | — | — | July 1, 2028 |
| Commissioner | Vacant | — | — | July 1, 2026 |
The following persons served as chair of the Equal Employment Opportunity Commission:[66]
| No. | Chair of the EEOC | Photo | Start of term | End of term | Refs. | President(s) |
|---|---|---|---|---|---|---|
| 1 | Franklin D. Roosevelt Jr. |  | May 26, 1965 | May 11, 1966 | Lyndon Johnson | |
| 2 | Stephen N. Shulman |  | September 14, 1966 | July 1, 1967 | ||
| 3 | Clifford Alexander Jr. |  | August 4, 1967 | | ||
| | ||||||
| | May 1, 1969 | Richard Nixon | ||||
| 4 | William H. Brown III |  | May 5, 1969 | December 23, 1973 | ||
| 5 | John H. Powell Jr. |  | December 28, 1973 | August 8, 1974 | ||
| August 8, 1974 | March 18, 1975 | Gerald Ford | ||||
| Acting | Ethel Bent Walsh | March 18, 1975 | May 27, 1975 | |||
| 6 | Lowell W. Perry |  | May 27, 1975 | May 15, 1976 | ||
| Acting | Ethel Bent Walsh | May 15, 1976 | | |||
| | May 27, 1977 | Jimmy Carter | ||||
| 7 | Eleanor Holmes Norton |  | May 27, 1977 | | ||
| | ||||||
| | February 21, 1981 | [67] | Ronald Reagan | |||
| Acting | J. Clay Smith Jr. | 1981 | 1982 | |||
| 8 | Clarence Thomas |  | May 6, 1982 | | ||
| | ||||||
| | March 8, 1990 | [68] | George H. W. Bush | |||
| 9 | Evan J. Kemp Jr. |  | March 8, 1990 | | ||
| | ||||||
| | April 2, 1993 | [69] | Bill Clinton | |||
| Acting | Tony Gallegos | April 5, 1993 | 1994 | |||
| 10 | Gilbert Casellas |  | September 29, 1994 | December 31, 1997 | [70] | |
| Acting | Paul Igasaki |  | January 1, 1998 | October 23, 1998 | ||
| 11 | Ida L. Castro |  | October 23, 1998 | | [71][72] | |
| | August 13, 2001 | George W. Bush | ||||
| 12 | Cari M. Dominguez |  | August 6, 2001 | August 31, 2006 | [73][74] | |
| 13 | Naomi C. Earp |  | September 1, 2006 | January 20, 2009 | [75][76] | |
| Acting | Stuart J. Ishimaru |  | January 20, 2009 | April 7, 2010 | [77][78] | Barack Obama |
| 14 | Jacqueline A. Berrien |  | April 7, 2010 | September 2, 2014 | [79][80][81] | |
| 15 | Jenny R. Yang |  | September 2, 2014 | January 25, 2017 | [82][83] | |
| Acting | Victoria Lipnic | .jpg) | January 25, 2017 | May 15, 2019 | [84] | Donald Trump |
| 16 | Janet Dhillon | .jpg) | May 15, 2019 | January 20, 2021 | [85][86] | |
| 17 | Charlotte Burrows |  | January 20, 2021 | January 20, 2025 | [87][88][89] | Joe Biden |
| Acting | Andrea R. Lucas |  | January 20, 2025 | November 6, 2025 | [90][91] | Donald Trump |
| 18 | November 6, 2025 | Present |
The General counsel of the commission is appointed by thepresident of the United States with the consent of theUnited States Senate, for a term of four years.[63]
This article incorporates text from this source, which is in thepublic domain. This article incorporates text from this source, which is in thepublic domain.
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