Equal Opportunity Employment Agency Updates Complaint Process Rules

November 03, 2012

The federal Equal Employment Opportunity Commission (EEOC) has released final rule changes that should streamline its complaint process for employees. Employees are protected from workplace discrimination by federal law and can pursue a discrimination complaint through the EEOC when they feel their rights have been violated.

The EEOC is a federal agency that enforces the country's equal opportunity employment laws. These laws prohibit employers from discriminating against employees or job applicants in hiring, firing, promotion, benefits and other employment decisions. Employers cannot discriminate against an employee or job applicant based on their race, color, gender, age, religion, national origin, disability or genetic information. Most employers with over 15 employees must comply with EEOC rules.

When it receives a complaint of workplace discrimination, the EEOC makes a decision to file a lawsuit against the employer to protect the interests and rights of the individual and the public. While both public and private employees are protected by discrimination laws, the EEOC is not required to file a lawsuit for each individual who files a discrimination complaint.

Changes to the EEOC Complaint Process

Now, the EEOC has made several changes to its complaint process to make it more efficient. A few changes involve employees directly. The EEOC now encourages all employees to make complaints electronically rather than through the mail, unless there is a good reason for not filing electronically.

Additionally, agencies must now notify employees in writing if their complaints have not been completed within 180 days and remind employees of their right to file immediately for a hearing and civil action regarding the complaint. Lastly, government employees now have the same protection from employer retaliation as private employees.

Other changes concern employers and how complaints are handled within the EEOC. One major change relates to complaints regarding action against personnel, like firing and promotion decisions. This change is meant to deter unscrupulous employers from proposing termination of an employee as retaliation for filing an EEOC complaint.

The new rules also give new teeth to administrative law judge (ALJ) decisions in class action complaint cases. Prior to the change, agencies could choose to accept, reject or change aspects of an ALJ's decision in such cases. Now, the agencies must accept or appeal the decision.

Lastly, the new EEOC rules will now allow agencies to experiment with the complaint process, with the EEOC's permission. This rule is intended to help make the complaint process more efficient, but some believe the new rule will do more harm than good and make the process more complex. Since this process is complex, it is important that those wishing to file a complaint contact an experienced employment law lawyer to help them through the complaint filing process.

Many hope that the new changes to the EEOC's workplace discrimination complaint process may help employees who are victims of workplace discrimination hold employers accountable. If you believe you have suffered from discrimination in the workplace, contact an attorney.

Article provided by Feldman Morgado, P.A.
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