EEOC > Other Whistleblower Rights

Title: Civil Rights Act of 1964 creating the Equal Employment Opportunity Commission
Statute:  42 U.S.C. Chapter 21 Subchapter VI
Governing Agency:  United States Equal Employment Opportunity Commission (EEOC)

General Overview: Undoubtedly one of the most influential pieces of legislation in U.S. history, the Civil Rights Act of 1964 outlaws discrimination in schools, public places, and employment based on race, color, religion, sex, and national origin.  This act placed guidelines and clarity on the process of filing and investigation of a claim, judicial authority and procedure of hearings, and remedies available.

Under Title VII of the Civil Rights Act, the Equal Employment Opportunity Commission (EEOC) was created. It is a federal agency responsible for enforcing federal laws pertaining to discrimination and retaliation in the workplace. The EEOC investigates claims, issues rulings, and may even file lawsuits on victim’s behalf.

Who is covered?
·Employees of employers with more than fifteen (15) employees
·Applicants for employment
·Applicants applying to employment agencies
·Current or prospective members of labor organizations

Who is not covered?
·Employees of employers with less than fifteen (15) employees
·Employees of religious employers or groups whose work duties are associated with that specific religion (includes employees in the field of education working at a religiously affiliated institution)

What is covered?
-Parties covered under the Civil Rights Act of 1964, Title VII, cannot be discriminated against or retaliated for:

bringing to the attention of the employer alleged discrimination
threatening to file a charge with the EEOC
picketing in opposition to discrimination
refusing to obey an order reasonably believed to be discriminating based on race, color, religion, sex, or national origin

-Illegal retaliation by employers includes:

discrimination against claiming party
discharging claiming party
demotion or stripping of title, duties or responsibilities
threats against claiming party
harassment

*This list is not all inclusive; illegal retaliations extend beyond the workplace if the behaviors are driven due to the employee’s protected conduct.

Note: Petty, slight actions are not considered acts of discrimination. Some of these include: annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.

How do I submit a claim? Step-by-Step Approach:

1. An employee, applicant, or member who believes they have been retaliated or discriminated against for partaking in activities protected by this Act has 180 days from the date of the latest incident to file a claim with the United States Equal Employment Opportunity Commission. This period extends to 300 days if the charge is also covered by state or local laws.

            Filing a Claim/Charge Information and Related Forms
            How to file a claim/charge

2.       After a claim is correctly filed, the employer or organization will be notified. The EEOC will then begin its investigation.

3.       The EEOC may attempt to settle the claim of discrimination or may refer the dispute to their mediation program. The mediation program is voluntary and confidential, requiring the consent of both parties.

4.       If the employer is private employer and the EEOC is unable to reach a settlement agreement, they may choose to file a suit in federal court. If the employer is a government or public employer, the EEOC will refer the matter for litigation in front of an Administrative Law Judge or the Employment Litigation Section of the Civil Rights Division within the U.S. Department of Justice.

5.       After the investigation the EEOC may dismiss the charge. When a charge is dismissed or the EEOC is unable to reach an agreement to settle the complaint after finding discrimination, the EEOC will issue a notice of the claiming party’s right to file a lawsuit on their own behalf within 90 days. Individuals who have filed a charge with the EEOC have the right to request this notice if they wish to proceed to court.

*NOTE: Before an individual may file a lawsuit under the Civil Rights Act of 1964, Title VII, they are required to file a claim of discrimination with the EEOC.

Rights and Remedies:
·Injunctions against employer or organization
·Orders prohibiting from continuing to engage in discriminatory conduct
·Reinstatement of employee to former position with same status, duties and responsibilities
·Hire employee if they were not hired based on engaging in protected activity
·Back pay (with interest)
·Punitive damages (if the organization acted with malice or recklessness)
·Reasonable attorney fees for prevailing parties
·Court costs and other fees associated with litigation

Rewards for Reporting Fraud