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27-04-2015, 17:32

Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) investigated claims of discrimination by employers violating Title VII of the Civil Rights Act of 1964.

Established on July 2, 1965, the EEOC sought to “ensure equality of opportunity by vigorously enforcing federal legislation prohibiting discrimination in employment.” Of greatest concern was preventing discrimination on the basis of religion, race, sex, color, national origin, age, or disability.

An independent regulatory agency, the EEOC informed the public about antidiscrimination laws and worked to ensure basic rights for oppressed groups in American society. In addition to Title VII, the EEOC in time came to enforce the 1963 Equal Pay Act, which prohibited discrimination on the basis of gender for similar work in similar conditions; the 1967 Age Discrimination in Employment Act, which barred discrimination against employees aged 40 and older; and the 1973 Rehabilitation Act, which prohibited discrimination against federal employees with a disability.

As part of Lyndon B. Johnson’s Great Society programs, the Civil Rights Act of 1964, and the subsequent development of the EEOC, grew out of the larger Civil Rights movement. Throughout the 1960s, activists fought segregation and its discriminatory effects on African Americans, challenging the president and Congress to pass comprehensive legislation that recognized their rights as citizens. Other groups joined the fight for equality, as Latinos, Native Americans, and women spoke out against intolerance and discriminatory practices, demanding new laws to address numerous expressions of racism in American life. The passage of the Civil Rights Act of 1964 constituted a major step toward eradicating racism across the country.

Established as a response to inequality in the job place, the EEOC was originally limited to information gathering, mediation, and legal support. It relied on negotiation, persuasion, and voluntary compliance in an effort to coerce private employers to end discriminatory hiring practices. In 1972, Congress passed the Equal Employment Opportunity Act that expanded the power of the EEOC. This measure gave the EEOC the right to file legal suits against employers accused of discrimination, subpoena relevant witnesses and documents, and examine charges of discrimination in the federal government. Soon thereafter, the EEOC won several verdicts against major corporations, thereby increasing the consciousness of employers, and accelerating their willingness to comply with the law.

A number of Supreme Court decisions helped contribute to the EEOC’s importance as a regulatory agency. In 1971, the Supreme Court ruled that practices that appeared fair in their form but discriminatory in their function were illegal. This included preemployment tests that were not job-related, especially if they were more likely to exclude blacks and other minorities. The court extended its reasoning to rule out using arrest records as a method of screening job candidates.

In addition to eliminating sources of discrimination, the EEOC worked to prevent its recurrence. Headquartered in Washington, D. C., it was led by five commissioners appointed by the president and confirmed by the Senate. A general counsel assisted the commissioners with litigation recommendations, policy shifts, and definitions of the law. More than 100 offices throughout the country engaged in outreach programs that increased public awareness about employment discrimination. Outreach efforts included regular reports on discrimination, national conferences on the topic, and a commitment to sending representatives to underserved areas to inform members of the public about their rights.

In later years, the EEOC adopted a National Enforcement Plan that articulated its mission as threefold. First, it would work to prevent discrimination through education and outreach programs. Next, it would encourage voluntary resolutions of disputes. Finally, if resolution could not be reached, it would seek to use strong and fair enforcement to maintain the laws.

Further reading: Clinton L. Doggett and Lois T. Doggett, The Equal Employment Opportunity Commission (New York: Chelsea House, 1990).

—Kirstin Gardner



 

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