An EEOC complaint, formally known as a "Charge of Discrimination," qualifies when it alleges job discrimination based on specific protected characteristics under federal law. The U.S. Equal Employment Opportunity Commission (EEOC) investigates complaints involving unfair treatment in employment due to an individual's race, color, religion, sex (which includes pregnancy, gender identity, and sexual orientation), national origin, disability, age (for individuals 40 or older), or genetic information.
Core Criteria for an EEOC Complaint
For a complaint to qualify for EEOC investigation, it must typically involve alleged discrimination by an employer, labor union, or employment agency, affecting terms and conditions of employment such as hiring, firing, promotions, wages, or benefits. The foundational elements that define a qualifying complaint are the protected characteristics:
- Race: Discrimination based on a person's race or characteristics associated with race (e.g., hair texture, skin color, certain facial features).
- Color: Discrimination based on skin pigmentation, complexion, or shade.
- Religion: Discrimination based on an individual's religious beliefs, practices, or observances, including lack of religious belief. Employers must reasonably accommodate an employee's religious practices unless doing so causes undue hardship.
- Sex: This broad category includes:
- Pregnancy: Discrimination based on pregnancy, childbirth, or related medical conditions.
- Gender Identity: Discrimination because a person's gender identity differs from the sex assigned at birth.
- Sexual Orientation: Discrimination based on an individual's romantic or sexual attraction to others.
- National Origin: Discrimination based on an individual's or their ancestors' country of origin, ethnicity, language, or accent.
- Disability: Discrimination against a qualified individual with a disability. This also requires employers to provide reasonable accommodations for known disabilities unless it poses an undue hardship.
- Age (40 or Older): Discrimination against individuals who are age 40 or older.
- Genetic Information: Discrimination based on genetic tests, family medical history, or information about genetic diseases.
If the EEOC determines, after investigation, that there is reason to believe an employer has violated these laws, they take action to stop the discrimination.
The Scope of EEOC Investigations
The EEOC's role is crucial in upholding laws that prohibit employment discrimination. Their investigations cover various aspects of employment, ensuring fair practices.
What actions might qualify as discrimination?
- Hiring and Firing: Decisions about who gets hired, fired, or laid off.
- Promotions and Demotions: Decisions regarding career advancement or setbacks.
- Compensation: Unequal pay or benefits.
- Terms and Conditions: Unfair treatment in work assignments, training opportunities, or working conditions.
- Harassment: Unwelcome conduct based on a protected characteristic that creates a hostile work environment.
- Retaliation: Adverse action taken against an individual for opposing discriminatory practices, filing a charge of discrimination, or participating in an investigation.
| Protected Characteristic | Brief Description of What Qualifies |
|---|---|
| Race / Color | Unfair treatment due to race, skin tone, or racial characteristics. |
| Religion | Discrimination based on religious beliefs, practices, or lack thereof. |
| Sex | Discrimination based on gender, pregnancy, gender identity, or sexual orientation. |
| National Origin | Unfair treatment due to country of origin, ethnicity, or accent. |
| Disability | Discrimination against individuals with a physical or mental impairment, or denial of reasonable accommodation. |
| Age (40+) | Discrimination against individuals who are 40 years old or older. |
| Genetic Information | Discrimination based on genetic test results or family medical history. |
Filing a Charge
To formally initiate an EEOC complaint, an individual must file a "Charge of Discrimination" within specific time limits (usually 180 or 300 days, depending on the state). This charge is a signed statement asserting that an employer engaged in employment discrimination. The EEOC then investigates these charges to determine if there is reasonable cause to believe discrimination occurred.
For more detailed information on filing a charge and the investigation process, you can visit the official U.S. Equal Employment Opportunity Commission website.
