Tag Archives: EEOC

EEOC Offers New Online System for Discrimination & Harassment Charges

Last week, the Equal Employment Opportunity Commission (EEOC) launched a new online tool to help employees who are considering filing discrimination or harassment charges. The Online Inquiry and Appointment System is available in five EEOC locations to start, with the goal of making it available nationwide by late 2017.

Filing an EEOC claim is a long-standing prerequisite to filing a discrimination or harassment lawsuit under federal law. Historically, the claims filing process has been initiated in person, by mail, or by phone. An EEOC representative would then contact the employee for an intake interview and draw up a formal charge for the employee to sign.

Employees can now get the process started online if they live within 100 miles of one of the following five cities: Charlotte, Chicago, New Orleans, Phoenix, and Seattle. They can use the system to submit an online inquiry and schedule an intake interview by phone or in person. Employees who don’t live near these five cities can still use the online tool to determine whether they have a potential claim and mail in an intake questionnaire. Either way, the employee typically must sign a formal charge drafted by the EEOC in order to complete the process.

The EEOC anticipates that the online tool will make it easier for employees to file claims and streamline the claim filing process. The EEOC also hopes that the system will cut down on administrative time. The EEOC reports that less than half of current inquiries lead to formal charges because they don’t meet the legal requirements. The online tool helps weed out claims that don’t fall under the EEOC’s jurisdiction—for example, because the type of discrimination is not illegal under federal law or because the employer is too small. To learn more, visit the EEOC’s Online Inquiry System page.

EEOC Files First Lawsuits for Sexual Orientation Discrimination Under Title VII

LGBT flag

Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed its first two lawsuits against a Pennsylvania employer and a Maryland employer for sexual orientation discrimination. The EEOC’s actions are not too surprising, given its recent decision in July of 2015, in which it held that discrimination against employees based on sexual orientation was illegal sex discrimination under Title VII of the Civil Rights Act.

The EEOC’s decision is seen as controversial by some, as federal courts have historically found that sexual orientation is not a protected class under Title VII (unlike “sex” or gender, which is protected). However, over the years, some courts have offered limited protection to LGBT employees under Title VII—primarily by holding that it is illegal to discriminate against employees for not living up to gender stereotypes. For example, a federal circuit court held that a gay male employee who was harassed by coworkers for being too “effeminate” could proceed with a Title VII claim of sex discrimination. In light of these decisions, and the Supreme Court’s recent decision to legalize same-sex marriage, the EEOC might be hopeful that courts will similarly step in to protect LGBT employees from employment discrimination.

Federal courts are not bound by the EEOC’s interpretation of Title VII and will decide the issue independently. However, until the issue is decided by the courts, employers should be aware that the EEOC is processing charges of sexual orientation discrimination filed by employees (and in rare cases, filing suit against employers on behalf of employees).

About half of the states—including California, Illinois, and New York—already have laws that prohibit private employers from discriminating based on sexual orientation. However, a ruling that sexual orientation is a protected class under Title VII would mean that private employers in all states will be prohibited from discriminating against LGBT employees.

EEOC Proposes to Add Pay Data to EEO-1 Reporting Form

As part of itsgavel over money istock role enforcing antidiscrimination laws, the Equal Employment Opportunity Commission (EEOC) gathers information about workplace demographics in the United States. Employers with 100 or more employees are required to submit an annual report, called the EEO-1 report, providing information about the race, ethnicity, and gender of the company’s employees in certain job categories. At the end of last month, the EEOC announced a proposal to add pay data to the EEO-1 report, in an effort to enforce equal pay laws.

Although wage discrimination based on gender, ethnicity, and race has been outlawed for several decades, the United States still has a significant pay gap. Women continue to make around three-fourths or less of what men make in the same position. The pay gap is even wider for female employees of African American or Latino descent.

Enforcing equal pay has presented somewhat of a challenge because it’s easy for this type of discrimination to go unnoticed. Employees typically aren’t privy to what their coworkers are earning, and up until now, employers haven’t been required to report that data to any state agencies. The EEOC expects that requiring regular reporting of pay data will help regulate employers and enforce antidiscrimination laws. And, it will provide employers with an opportunity to monitor their pay practices and correct any discrepancies.

If the EEOC’s proposed change is approved, employers that are required to submit an EEO-1 report will need to include information on employees’ wages and work hours. The EEOC will be accepting comments on the proposed rule until April 1, 2016. If the rule passes, employers will need to comply with the new reporting requirement beginning in 2017.