Filing a Claim with the EEOC

Filing A Claim With The EEOC

Filing With The EEOC

Note: Federal employees or applicants for Federal employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

Who Can File a Charge of Discrimination?
Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.
In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

How Is a Charge of Discrimination Filed?
A charge may be filed by mail or in person at the nearest EEOC office.
Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Information Must Be Provided to File a Charge?
The complaining party's name, address, and telephone number;
The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
The date(s) of the alleged violation(s).
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Are the Time Limits for Filing a Charge of Discrimination?
All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:
A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Agency Handles a Charge that is also Covered by State or Local Law?
Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law.
If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.
If a charge is filed with EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.

How Is a Charge Filed for Discrimination Outside the United States?
U.S.-based companies that employ U.S. citizens outside the United States or its territories are covered under EEO laws, with certain exceptions. An individual alleging an EEO violation outside the U.S. should file a charge with the district office closest to his or her employer's headquarters. However, if you are unsure where to file, you may file a charge with any EEOC office.


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Federal Laws Prohibiting Job Discrimination

Federal Laws Prohibiting Job Discrimination

Equal Employment Opportunity (EEO) Laws

I. What Are the Federal Laws Prohibiting Job Discrimination?

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;



• the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;



• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;



• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;



• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and



• the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Other federal laws, not enforced by EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. 5 U.S.C. 2302. The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).

Additional information about the enforcement of the CSRA may be found on the OPM web site at http://www.opm.gov/er/address2/guide01.htm; from OSC at (202) 653-7188 or at http://www.osc.gov; and from MSPB at (202) 653-6772 or at http://www.mspb.gov .

Discriminatory Practices

II. What Discriminatory Practices Are Prohibited by These Laws?

Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:

• 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.

Discriminatory practices under these laws also include:

• harassment on the basis of race, color, religion, sex, national origin, disability, or age;


• retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;


• employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and


• denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Employers are required to post notices to all employees advising them
of their rights under the laws EEOC enforces and their right to be free
from retaliation. Such notices must be accessible, as needed, to persons
with visual or other disabilities that affect reading.

Note: Many states and municipalities also have enacted protections
against discrimination and harassment based on sexual orientation, status
as a parent, marital status and political affiliation. For information,
please contact the EEOC District Office nearest you.

III. What Other Practices Are Discriminatory Under These Laws?

Title VII

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

National Origin Discrimination

• It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.


• A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.

Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers) or at http://www.usdoj.gov/crt/osc.

Religious Accommodation

• An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.

Sex Discrimination

Title VII's broad prohibitions against sex discrimination specifically cover:

• Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)


• Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. For information on the FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division is listed in most telephone directories under U.S. Government, Department of Labor or at http://www.dol.gov/esa/public/whd_org.htm.

Age Discrimination in Employment Act

The ADEA's broad ban against age discrimination also specifically prohibits:

• statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);


• discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and


• denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Equal Pay Act

The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.

Note that:

• Employers may not reduce wages of either sex to equalize pay between men and women.


• A violation of the EPA may occur where a different wage was/is paid to
  a person who worked in the same job before or after an employee of the
  opposite sex.


• A violation may also occur where a labor union causes the employer
  to violate the law.

Titles I and V of the Americans with Disabilities Act

The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:

Individual with a Disability

An individual with a disability under the ADA 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. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.

Qualified Individual with a Disability

A qualified employee or applicant with a disability is someone 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

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; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

Undue Hardship

An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

Prohibited Inquiries and Examinations

Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform 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 employees must be job-related and consistent with business necessity.

Drug and Alcohol Use

Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

The Civil Rights Act of 1991

The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach activities.

Employers And Other Entities Covered By EEO Laws

IV. Which Employers and Other Entities Are Covered by These Laws?

Title VII and the ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.

The EPA covers all employers who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act.

Title VII, the ADEA, and the EPA also cover the federal government. In addition, the federal government is covered by Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, which incorporate the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred.

The CSRA (not enforced by EEOC) covers most federal agency employees except employees of a government corporation, the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and as determined by the President, any executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities, or the General Accounting Office.

The EEOC'S Charge Processing Procedures

Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

V. Who Can File a Charge of Discrimination?

• Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.


• In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

VI. How Is a Charge of Discrimination Filed?

• A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.


• Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.


• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

VII. What Information Must Be Provided to File a Charge?

• The complaining party's name, address, and telephone number;


• The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;


• A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and


• The date(s) of the alleged violation(s).


• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

VIII. What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

• A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.


• This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.


• These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.


• To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.


• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

IX. What Agency Handles a Charge that is also Covered by State or Local Law?

Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law.

• If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.


• If a charge is filed with EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.

X. What Happens after a Charge is Filed with EEOC?

The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled:

• A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred.




• EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues.



• In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate.


• The charge may be selected for EEOC's mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation.


• A charge may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of the law. A charge may be dismissed at the time it is filed, if an initial in-depth interview does not produce evidence to support the claim. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf.


• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XI. How Does EEOC Resolve Discrimination Charges?

• If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.


• If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination.


• If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.


• If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions.


• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XII. When Can an Individual File an Employment Discrimination Lawsuit in Court?

A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge.

Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage.

Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XIII. What Remedies Are Available When Discrimination Is Found?

The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

• back pay,


• hiring,


• promotion,


• reinstatement,


• front pay,


• reasonable accommodation, or


• other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination).

Remedies also may include payment of:

• attorneys' fees,


• expert witness fees, and


• court costs.

Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against the federal, state or local governments.

In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation.

An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.

The Commission

XIV. What Is EEOC and How Does It Operate?

EEOC is an independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964. The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered terms; the General Counsel's term is four years. The President designates a Chair and a Vice-Chair. The Chair is the chief executive officer of the Commission. The Commission has authority to establish equal employment policy and to approve litigation. The General Counsel is responsible for conducting litigation.

EEOC carries out its enforcement, education and technical assistance activities through 50 field offices serving every part of the nation.

The nearest EEOC field office may be contacted by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).

Information And Assistance Available From EEOC

XV. What Information and Other Assistance Is Available from EEOC?

EEOC provides a range of informational materials and assistance to individuals and entities with rights and responsibilities under EEOC-enforced laws. Most materials and assistance are provided to the public at no cost. Additional specialized training and technical assistance are provided on a fee basis under the auspices of the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992. For information on educational and other assistance available, contact the nearest EEOC office by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).

Publications available at no cost include posters advising employees of their EEO rights, and pamphlets, manuals, fact sheets, and enforcement guidance on laws enforced by the Commission. For a list of EEOC publications, or to order publications, write, call, or fax:

U.S. Equal Employment Opportunity Commission

Publications Distribution Center

P.O. Box 12549

Cincinnati, Ohio 45212-0549

1-800-669-3362 (voice)

1-800-800-3302 (TTY)

513-489-8692 (fax)

Telephone operators are available to take orders (in English or Spanish) from 8:30 a.m. to 5:00 p.m. (EST), Monday through Friday. Orders generally are mailed within 48 hours after receipt.

Information about EEOC and the laws it enforces also can be found at the following internet address: http://www.eeoc.gov.

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Equal Pay for Equal Work

Equal Pay

Compensation Discrimination

Reprinted from the US Equal Employment Opportunity Commission (EEOC)

The right of employees to be free from discrimination in their compensation is protected under several federal laws, including the following enforced by the U.S. Equal Employment Opportunity Commission (EEOC): theEqual Pay Act of 1963,Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act of 1990.

The Equal Pay Act requires that men and women be given equal pay for equal work in thesame establishment. The jobs need not be identical, but they must be substantially equal. Itis job content, not job titles, that determines whether jobs are substantially equal. Specifically, the EPA provides:

Employers may not pay unequal wages to men and women who perform jobs that requiresubstantially equal skill, effort and responsibility, and that are performed under similarworking conditions within the same establishment. Each of these factors is summarizedbelow:

• Skill - Measured by factors such as the experience, ability, education, and training requiredto perform the job. The key issue is what skills are required for the job, not what skills theindividual employees may have. For example, two bookkeeping jobs could be consideredequal under the EPA even if one of the job holders has a master's degree in physics, sincethat degree would not be required for the job.


• Effort - The amount of physical or mental exertion needed to perform the job. For example,suppose that men and women work side by side on a line assembling machine parts. Theperson at the end of the line must also lift the assembled product as he or she completes thework and place it on a board. That job requires more effort than the other assembly line jobsif the extra effort of lifting the assembled product off the line is substantial and is a regularpart of the job. As a result, it would not be a violation to pay that person more, regardless ofwhether the job is held by a man or a woman.


• Responsibility - The degree of accountability required in performing the job. For example, asalesperson who is delegated the duty of determining whether to accept customers' personalchecks has more responsibility than other salespeople. On the other hand, a minor difference in responsibility, such as turning out the lights at the end of the day, would not justify a pay differential.


• Working Conditions - This encompasses two factors: (1) physical surroundings liketemperature, fumes, and ventilation; and (2) hazards.


• Establishment - The prohibition against compensation discrimination under the EPA appliesonly to jobs within an establishment. An establishment is a distinct physical place ofbusiness rather than an entire business or enterprise consisting of several places of business. However, in some circumstances, physically separate places of business should be treated asone establishment. For example, if a central administrative unit hires employees, sets theircompensation, and assigns them to work locations, the separate work sites can be consideredpart of one establishment.

Pay differentials are permitted when they are based on seniority, merit, quantity or quality ofproduction, or a factor other than sex. These are known as "affirmative defenses" and it isthe employer's burden to prove that they apply.

In correcting a pay differential, no employee's pay may be reduced. Instead, the pay of thelower paid employee(s) must be increased.

Title VII, ADEA, and ADA

Title VII, the ADEA, and the ADA prohibit compensation discrimination on the basis of race,color, religion, sex, national origin, age, or disability. Unlike the EPA, there is no requirementunder Title VII, the ADEA, or the ADA that the claimant's job be substantially equal to thatof a higher paid person outside the claimant's protected class, nor do these statutes require theclaimant to work in the same establishment as a comparator.

Compensation discrimination under Title VII, the ADEA, or the ADA can occur in a varietyof forms. For example:

• An employer pays an employee with a disability less than similarly situated employees without disabilities and the employer's explanation (if any) does not satisfactorily account for the differential.
  


• A discriminatory compensation system has been discontinued but still has lingering discriminatory effects on present salaries. For example, if an employer has a compensation policy or practice that pays Hispanics lower salaries than other employees, the employer must not only adopt a new non-discriminatory compensation policy, it also must affirmatively eradicate salary disparities that began prior to the adoption of the new policy and make the victims whole.
  


• An employer sets the compensation for jobs predominately held by, for example, women or African-Americans below that suggested by the employer's job evaluation study, while the pay for jobs predominately held by men or whites is consistent with the level suggested by the job evaluation study.
  


• An employer maintains a neutral compensation policy or practice that has an adverse impact on employees in a protected class and cannot be justified as job-related and consistent with business necessity. For example, if an employer provides extra compensation to employees who are the "head of household," i.e., married with dependents and the primary financial contributor to the household, the practice may have an unlawful disparate impact on women.

It is also unlawful to retaliate against an individual foropposing employment practices that discriminate based on compensation or forfiling a discrimination charge, testifying, or participatingin any way in an investigation, proceeding, or litigation under Title VII, ADEA, ADAor the Equal Pay Act.

Statistics

In Fiscal Year 2003, EEOC received 1,167 charges of compensation discrimination discrimination. EEOC resolved 1,071 compensation discrimination charges in FY 2003 and recovered $3.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

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Sexual Harassment

Reprinted from the US Equal Employment Opportunity Commission

Sexual harassment is a form of sex discrimination that violatesTitle VII of the Civil Rights Act of1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and otherverbal or physical conduct of a sexual nature constitute sexualharassment when this conduct explicitly or implicitly affects an individual's employment,unreasonably interferes with an individual's work performance, orcreates an intimidating, hostile, or offensive work environment.

Sexual harassment can occur in a variety of circumstances,including but not limited to the following:

• The victim as well as the harasser may be a woman or a man. Thevictim does not have to be of the opposite sex.


• The harasser can be the victim's supervisor, an agent of theemployer, a supervisor in another area, a co-worker, or anon-employee.


• The victim does not have to be the person harassed but could beanyone affected by the offensive conduct.


• Unlawful sexual harassment may occur without economic injury toor discharge of the victim.


• The harasser's conduct must be unwelcome.

It is helpful for the victim to inform the harasser directlythat the conduct is unwelcome and must stop. The victim should useany employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looksat the whole record: the circumstances, such as the nature of thesexual advances, and the context in which the alleged incidentsoccurred. A determination on the allegations is made from the factson a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment inthe workplace. Employers are encouraged to take steps necessary toprevent sexual harassment from occurring. They should clearlycommunicate to employees that sexual harassment will not betolerated. They can do so by providing sexual harassmenttraining to their employees and by establishing an effective complaint orgrievance process and taking immediate and appropriate action whenan employee complains.

It is also unlawful to retaliate against an individual foropposing employment practices that discriminate based on sex or for filing adiscrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

Statistics

In Fiscal Year 2003, EEOC received 13,566 charges of sexual harassment. Almost 15% of those charges were filed by males. EEOC resolved 14,534 sexual harassment charges in FY 2003 and recovered $50 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

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Sex Discrimination

Reprinted from the US Equal Employment Opportunity Commission (EEOC)

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of sex as well as race, color, national origin, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals on the basis of sex and that are not job related.

Title VII's prohibitions against sex-based discrimination also cover:

• Sexual Harassment
  This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment.


• Pregnancy Based Discrimination
  Title VII was amended by the Pregnancy Discrimination Act, which prohibitsdiscrimination on the basis of pregnancy, childbirth and related medical conditions.

The Equal Pay Act of 1963 requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. Title VII also prohibits compensation discrimination on the basis of sex. Unlike the Equal Pay Act, however, Title VII does not require that the claimant's job be substantially equal to that of a higher paid person of the opposite sex or require the claimant to work in the same establishment.

It is also unlawful to retaliate against an individual foropposing employment practices that discriminate based on sex or forfiling a discrimination charge, testifying, or participatingin any way in an investigation, proceeding, or litigation under Title VII.

Statistics

In Fiscal Year 2003, EEOC received 24,362 charges of sex-based discrimination. EEOC resolved 27,146 sex discrimination charges in FY 2003 and recovered $98.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

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Race Discrimination

Race/Color Discrimination

Reprinted from the US Equal Employment Opportunity Commission

Title VII of the Civil Rights Act of1964 protects individuals against employment discrimination onthe bases of race and color, as well as national origin, sex, andreligion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

It is unlawful to discriminate against any employee or applicantfor employment because of his/her race or color in regard tohiring, termination, promotion, compensation, job training, or anyother term, condition, or privilege of employment. Title VII alsoprohibits employment decisions based on stereotypes and assumptionsabout abilities, traits, or the performance of individuals ofcertain racial groups. Title VII prohibits both intentionaldiscrimination and neutral job policies that disproportionatelyexclude minorities and that are not job related.

Equal employment opportunity cannot be denied because ofmarriage to or association with an individual of a different race;membership in or association with ethnic based organizations orgroups; or attendance or participation in schools or places ofworship generally associated with certain minority groups.

Title VII violations include:

• Race-Related Characteristics and Conditions
  Discrimination on the basis of an immutable characteristicassociated with race, such as skin color, hair texture, or certainfacial features violates Title VII, even though not all members ofthe race share the same characteristic. Title VII also prohibits discrimination on the basis of acondition that predominantly affects one race unless the practiceis job related and consistent with business necessity. For example,since sickle cell anemia predominantly occurs in African-Americans,a policy that excludes individuals with sickle cell anemia must bejob related and consistent with business necessity. Similarly, a"no-beard" employment policy may discriminate againstAfrican-American men who have a predisposition topseudofolliculitis barbae (severe shaving bumps) unless the policyis job related and consistent with business necessity.


• Harassment
  Harassment on the basis of race and/or color violates Title VII.Ethnic slurs, racial "jokes," offensive or derogatory comments, orother verbal or physical conduct based on an individual'srace/color constitutes unlawful harassment if the conduct createsan intimidating, hostile, or offensive working environment orinterferes with the individual's work performance.


• Segregation and Classification of Employees
  Title VII is violated where employees who belong to a protected groupare segregated by physically isolating them from other employees or fromcustomer contact. In addition, employers may not assign employees accordingto race or color. For example, Title VII prohibits assigning primarilyAfrican-Americans to predominantly African-American establishments orgeographic areas. It is also illegal to exclude members of one group fromparticular positions or to group or categorize employees or jobs so thatcertain jobs are generally held by members of a certain protected group.Coding applications/resumes to designate an applicant's race, byeither an employer or employment agency, constitutes evidence of discrimination where people of a certain race or color are excluded fromemployment or from certain positions.


• Pre-Employment Inquiries
  Requesting pre-employment information that discloses or tendsto disclose an applicant's race strongly suggests that race will beused unlawfully as a basis for hiring. Therefore, if members of minoritygroups are excluded from employment, the request for suchpre-employment information would likely constitute evidence ofdiscrimination.
  
  If an employer legitimately needs information about its employees' or applicants' race for affirmative action purposesand/or to track applicant flow, it may obtain racialinformation and simultaneously guard against discriminatoryselection by using "tear-off sheets" for theidentification of an applicant's race. After the applicantcompletes the application and the tear-off portion, the employerseparates the tear-off sheet from the application and does not useit in the selection process.

It is also unlawful to retaliate against an individual foropposing employment practices that discriminate based on race or color, or forfiling a discrimination charge, testifying, or participatingin any way in an investigation, proceeding, or litigation under Title VII.

Statistics

In Fiscal Year 2003, EEOC received 28,526 charges of race-based discrimination. EEOC resolved 30,702 race discrimination charges in FY 2003 and recovered $69.6 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

A California general employment law and employment litigation practice. Click here or call (707) 693-0400.

Pregnancy Discrimination

Reprinted from the US Equal Employment Opportunity Commission (EEOC)

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964.Discrimination on the basis of pregnancy, childbirth, or relatedmedical conditions constitutes unlawful sex discrimination underTitle VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to thefederal government. Women who are pregnant or affected by related conditions mustbe treated in the same manner as other applicants or employees withsimilar abilities or limitations.

Title VII's pregnancy-related protections include:

• Hiring
  

  An employer cannot refuse to hire a pregnant woman because ofher pregnancy, because of a pregnancy-related condition or because ofthe prejudices of co-workers, clients, or customers.



• Pregnancy and Maternity Leave

  An employer may not single out pregnancy-related conditions forspecial procedures to determine an employee's ability to work.However, if an employer requires its employees to submit a doctor's statement concerning theirinability to work before granting leave or paying sick benefits,the employer may require employees affected by pregnancy-relatedconditions to submit such statements.

  
  

  If an employee is temporarily unable to perform her job due topregnancy, the employer must treat her the same as any othertemporarily disabled employee. For example, if the employerallows temporarily disabled employees to modify tasks, performalternative assignments or take disability leave or leavewithout pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.

  
  

  Pregnant employees must be permitted to work as long as they areable to perform their jobs. If an employee has been absent fromwork as a result of a pregnancy-related condition and recovers, heremployer may not require her to remain on leave until the baby'sbirth. An employer also may not have a rule that prohibits an employeefrom returning to work for a predetermined length of time afterchildbirth.

  
  

  Employers must hold open a job for a pregnancy-related absencethe same length of time jobs are held open for employees on sick ordisability leave.



• Health Insurance

  Any health insurance provided by an employer must cover expensesfor pregnancy-related conditions on the same basis as costs forother medical conditions. Health insurance for expenses arisingfrom abortion is not required, except where the life of the motheris endangered.

  
  

  Pregnancy-related expenses should be reimbursed exactly as thoseincurred for other medical conditions, whether payment is on afixed basis or a percentage of reasonable-and-customary-charge basis.

  
  

  The amounts payable by the insurance provider can be limitedonly to the same extent as amounts payable for other conditions. Noadditional, increased, or larger deductible can be imposed.

  
  

  Employers must provide the same level of health benefits forspouses of male employees as they do for spouses of femaleemployees.



• Fringe Benefits

  Pregnancy-related benefits cannot be limited to marriedemployees. In an all-female workforce or job classification,benefits must be provided for pregnancy-related conditions ifbenefits are provided for other medical conditions.

  
  

  If an employer provides any benefits to workers on leave, theemployer must provide the same benefits for those on leave forpregnancy-related conditions.

  
  

  Employees with pregnancy-related disabilities must be treatedthe same as other temporarily disabled employees for accrual andcrediting of seniority, vacation calculation, pay increases, andtemporary disability benefits.

It is also unlawful to retaliate against an individual foropposing employment practices that discriminate based on pregnancy or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

Statistics

In Fiscal Year 2003, EEOC received 4,649 charges of pregnancy-based discrimination.EEOC resolved 4,847 pregnancy discrimination charges in FY 2003 and recovered $12.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

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Disability Discrimination

Disability Discrimination

Reprinted from the US Equal Employment Opportunity Commission (EEOC)

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

An individual with a disability is a person who:

(1) Has a physical or mental impairment that substantially limits one or more major life activities;
(2) Has a record of such an impairment; or
(3) Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

Reasonable accommodation may include, but is not limited to:

(1) Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
(2) Job restructuring, modifying work schedules, reassignment to a vacant position;
(3) 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 reasonable accommodation to the known disability of a qualified applicant or employee if it would not 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 an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Title I of the ADA also covers:

Medical Examinations and Inquiries
Employers 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 similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.

Drug and Alcohol Abuse
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 drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.

Statistics
In Fiscal Year 2003, EEOC received 15,377 charges of disability discrimination. EEOC resolved 16,915 disability discrimination charges in FY 2003 and recovered $45.3 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).



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Age Discrimination

Age Discrimination

Reprinted from the US Equal Employment Opportunity Commission (EEOC)

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government. ADEA protections include:

Apprenticeship ProgramsIt is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption.
Job Notices and AdvertisementsThe ADEA generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. A job notice or advertisement may specify an age limit only in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the normal operation of the business.

Pre-Employment InquiriesThe ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.

BenefitsThe Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits to younger workers, and that those greater costs would create a disincentive to hire older workers. Therefore, in limited circumstances, an employer may be permitted to reduce benefits based on age, as long as the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Waivers of ADEA RightsAn employer may ask an employee to waive his/her rights or claims under the ADEA either in the settlement of an ADEA administrative or court claim or in connection with an exit incentive program or other employment termination program.

However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver must:

(1) be in writing and be understandable;
(2) specifically refer to ADEA rights or claims;
(3) not waive rights or claims that may arise in the future;
(4) be in exchange for valuable consideration;
(5) advise the individual in writing to consult an attorney before signing the waiver; and
(6) provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it.

If an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.

Statistics
In Fiscal Year 2003, EEOC received 19,124 charges of age discrimination. EEOC resolved 17,352 age discrimination charges in FY 2003 and recovered $48.9 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

A California general employment law and employment litigation practice. Click here or call (707) 693-0400.