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The Equal Employment Opportunity Commission (EEOC) assists to avoid discrimination in the workplace by way of strict law enforcement. It is important that both the employers and employees are aware of the functioning of the EEOC and the assistance it can provide to avoid discrimination and enjoy the benefits of a happy professional life. Below are a few questions regarding EEOC that have been answered: Q. What are the kinds of records that can be verified and copied at the EEOC without a request from the Freedom of Information Act (FOIA)?
Any EEOC district office has a library with a Public Reading Room. One may verify and duplicate copies of EEOC records available at the library. . Below is a listing of the documents that are available for public reading at the library:
• Commission notices and EEOC regulatory amendments which are not, or never have been, published in the Code of Federal Regulations
• The Commission's annual reports
• The Commission's compliance manual
• Blank forms relating to the Commission's procedures as they affect the public
• The Commission's orders, directives and decisions Q. Are there any EEOC records that are confidential and cannot be viewed by the public?
Employment discrimination charges, conciliation information charges, charges against federal sector and EEOC survey data are some of the records that are confidential and cannot be viewed by the general public. In addition, the following are also not available for public viewing: records pertaining to inter or intra agency pre-decisional deliberation and recommendations, opinion, analyses, attorney work-product, attorney-client information provided to EEOC by confidential sources, and information that involves third-party personal privacy, and personnel or medical records. For instance, EEOC cannot pass on the Investigative Memorandum; categorization codes; or the name, Social Security number, address, telephone number or other personal information concerning a third party. Q. Is it possible for one to obtain information regarding past EEOC activity?
One may request for information if it is relevant to a case that is being handled or has a connection to it. Therefore, one would need to prove that the requested EEOC information has a link to the current case that is being handled. Else, one will not be able to receive this information. Q. Consider a situation where a person did not receive unemployment benefits. A hearing was requested and the case was won. What assistance can EEOC provide in such a situation?
The EEOC would make a written determination and invite the parties involved to reconcile the situation if the EEOC is of the opinion that there was a discrimination made. If the issue is not resolved, then the EEOC and the aggrieved party may file a case in the court. The most common remedial action taken due to unlawful discrimination as per EEOC-enforced laws are:
• an order to eliminate discriminatory practices
• hiring, wage adjustments, promotion or reinstatement, depending upon the nature of the action taken against the individual, and monetary remedies
The monetary aspect of these remedies would be as follows:
• lost wages and prejudgment interest
• liquidated/double damages (ADEA and EPA)
• compensatory damages (Title VII and ADA cases involving intentional discrimination)
• punitive damages (Title VII and ADA cases in which the employer acts with reckless disregard of the federally protected rights of the individual)
• the sum of punitive damages and future compensatory damages may not exceed the following amounts, per person:
$50,000 for employers with 15-100 employees
$100,000 for employers with 101-200 employees
$200,000 for employers with 201-500 employees
$300,000 for employers with more than 500 employees Q. If one wants to provide training to employees of a store regarding discrimination, other than the EEOC, who is qualified to do so?
There is no regulation or law that would stop one from providing training. As long as a person has studied anti-discrimination laws and is aware of the company’s policy; he/she can train the employees. This can be anyone from the HR department to the company owner or an outside consultant. One should make an effort to understand the functioning of the EEOC as this would assist one to know their rights and take action accordingly. Taking the help of an employment lawyer can be useful in understanding EEOC and its various aspects.
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