COMPREHENSIVE ENFORCEMENT PROGRAM
PRIVATE SECTOR ENFORCEMENT HIGHLIGHTS
OUTREACH, EDUCATION, AND TECHNICAL ASSISTANCE
POLICY GUIDANCE AND RULEMAKING
Appendix A: EEOC Statistical Charts
Appendix B: Terms of EEOC Commissioners
Appendix C: Terms of EEOC General Counsels
This report highlights the significant accomplishments achieved by the Equal Employment Opportunity Commission (EEOC) during fiscal years (FYs) 1999, 2000, and 2001. During this period, the EEOC implemented an innovative agenda to increase the fairness, quality, effectiveness, and efficiency of all aspects of Agency operations. These years were marked by an integrated approach, dubbed the Comprehensive Enforcement Program (CEP), to the work performed by the Commission. The CEP provided a framework wherein all the Agency's activities were strategically linked to increase collaboration among outreach, investigative, and legal staff in all phases of the Commission's work. This approach was instituted to bring improvements in customer service delivery and efficiencies in operation.
To ensure its status as the nation's premier civil rights enforcement agency, the Commission has focused on expanding outreach, education, and technical assistance to a broad range of stakeholders. The EEOC seeks to prevent discrimination in the first instance while pursuing fair and vigorous enforcement against those who violate federal workplace anti-discrimination laws. The Agency has placed special emphasis on outreach to small businesses and under-served communities to promote understanding and voluntary compliance with the laws enforced by the Commission.
This report is structured to reflect highlights and accomplishments covered in FYs 1999 through 2001. Selected statistics, litigation highlights, policy guidance, and outreach activities have been included to underscore progress by the Agency under its CEP. More detailed statistical information is included in Appendix A.
The composition of the Commission included the following presidential appointees between FY 1999 and FY 2001:
For listings of all current and previous EEOC Commissioners and General Counsels, please see Appendices B and C.
Special mention must be made of the loss the EEOC suffered on September 11, 2001, when the Commission's New York District Office at Seven World Trade Center was destroyed by terrorist attacks. Thankfully, all district office personnel, along with other residents of the building, were safely evacuated before the structure collapsed. The office and all of its equipment, files, and records were demolished, necessitating that the New York District Office seek alternative solutions to operate on a limited basis. Along with the entire nation, staff within the EEOC rallied to show their resolve by quickly resuming work and continuing to serve all who need the services of the Agency.
A brief section on budget and resources, as well as on program accomplishments, is provided for the years covered by this report. An in-depth discussion describing the CEP focuses on the Agency's strategic approach to forge a comprehensive enforcement and customer service orientation to every segment of the Commission's work. Sections regarding private sector enforcement highlights; litigation; federal sector activities; and outreach, education, and technical assistance are presented to showcase the Agency's accomplishments in these critical mission-related areas. Finally, a section on EEOC policy guidance and rulemaking looks at selected activities undertaken from FY 1999 through FY 2001.
From FY 1999 through 2001, the Commission strategically invested its resources to advance services for employees and employers. The EEOC received funding of:
Highlights of EEOC's FY 1999-2001 accomplishments include:
At the center of EEOC initiatives during this time period was the Comprehensive Enforcement Program (CEP), which was formulated and launched in FY 1999 to improve all components of Agency operations in both the private and federal sectors. Since FY 2000 (the first full year the CEP was in operation), the Commission has utilized the CEP to strategically coordinate the integration of Agency resources and increase collaboration among staff in all Agency functions, from outreach and intake through case resolution and litigation. Through the implementation of the Private Sector CEP, the Commission has sharply increased the share of charges resolved that deliver relief to charging parties whether through mediation, conciliation, or other settlement efforts and focused most of limited litigation resources on the most egregious cases and on cases benefitting multiple charging parties. Through the implementation of the Federal Sector CEP, the Commission has significantly expanded efforts to prevent discrimination as well as slow the growth in the hearings inventory by consolidating complaints made by the same individual and other means, and reduce the appeals inventory.
At the core of the Private Sector CEP are coordinated enforcement and litigation efforts, a sustained commitment to mediation-based alternative dispute resolution (see below), and strong partnerships with state and local Fair Employment Practices Agencies (FEPAs). The CEP builds on the success of the Priority Charge Handling Procedures (PCHP) and the National Enforcement Plan, the Commission's strategies for prioritizing its caseload and focusing resources on issues of national significance, respectively. An integral aspect of the CEP is the close collaboration between investigators and attorneys in providing effective outreach, education, and technical assistance, and in expediting assessment and investigation of cases, including those that are prepared for litigation when settlement attempts fail. Strengthening the relationship between investigative and legal staff has been critical to addressing the substantial increase in substantive and potentially meritorious charges in the Agency's workload since 1995, when the PCHP was instituted to streamline resolution of less meritorious charges.
A key component of the Private Sector CEP is EEOC's groundbreaking National Mediation Program. The program, launched in FY 1999, completed its first full year in FY 2000. Mediation- based alternative dispute resolution is offered by EEOC early in the process to facilitate resolution without lengthy investigations or litigation. The decision to mediate is completely voluntary for charging parties and employers, and the mediation process is strictly confidential at every stage. A crucial "firewall" has been built into the mediation process in order to separate it completely from EEOC's enforcement activities. The program has won the endorsement of a broad range of Agency stakeholders, including business and labor advocates, civil rights groups, and representatives of the employer and plaintiff bars.
Another significant component of the Private Sector CEP is EEOC's Small Business Initiative (SBI), initially launched in FY 1999 with key input from the employer community. Through the SBI, the Commission continued to improve customer service and expand outreach, education, and technical assistance to the employer community during FYs 1999 through 2001. The SBI promotes voluntary compliance by building a more cooperative and collaborative relationship with the small and mid-sized business community to address equal employment opportunity (EEO) concerns expressed by small business owners. The main components of the SBI are expanding the use of mediation; providing for a small business liaison in every Agency district office; making public information material and guidance available in a "plain language" format; upgrading the small business information section on EEOC's web site; and developing regional small business outreach plans by Agency field offices. In recognition of its efforts with the small business community in FY 2000, EEOC received a rating of "Excellent" by the Small Business Administration's National Ombudsman for Regulatory Fairness.
The CEP for the federal sector is intended to provide a strategic approach to federal sector reform by linking improved data analyses, prevention activities aimed at the root causes of discrimination, and a streamlined process for addressing EEO complaints. Federal agencies are responsible for providing for the prompt, fair, and impartial processing of complaints and maintaining a continuing affirmative program to eliminate discriminatory practices and policies. Through implem- entation of new regulations, the EEOC's federal sector program monitors and assists agencies in implementing changes to the federal complaint system; provides stakeholders and Agency staff with enhanced training, outreach, and technical assistance; and fosters innovative practices at agencies. Key to the Federal Sector CEP are the revised federal sector regulations (29 C.F.R. Part 1614) streamlining procedures governing the discrimination complaint process for federal employees (which became effective on November 9, 1999). The new rules improve the system by eliminating unnecessary layers of review, utilizing alternative dispute resolution throughout the process, and addressing perceptions of unfairness in the system.
In FY 2001 alone, EEOC obtained a total of $298.4 million in monetary benefits for victims of employment discrimination through administrative resolutions, mediation, and litigation, including a record-breaking $247.7 million through pre-litigation administrative enforcement.
By FY 2001, EEOC also had achieved the following in its private sector program:
In FY 2000, the National Mediation Program's first full year of operation, the EEOC continued efforts to publicize the program and foster increased participation by employers and charging parties. During FY 2001, 84% of charging parties chose to participate in the program, an increase over 83% in FY 2000, and 33% of employers agreed to mediate, compared with 31% in FY 2000. A comprehensive report on those who participated in the mediation program, prepared by a consortium of professors from Maryland colleges and universities, concluded that the overwhelming majority of employers (96%) and charging parties (91%) said they would use the program again if they were party to an EEOC charge. Moreover, the report (available on EEOC's web site at www.eeoc.gov) also showed that both employers and charging parties expressed strong satisfaction with the EEOC mediation process, finding it to be a highly effective dispute resolution mechanism.
Accomplishments of the National Mediation Program include:
Through its litigation program in FY 2001, the EEOC obtained more than $50 million in monetary relief for victims of discrimination. The Commission tackled a range of cutting-edge issues, including genetic testing in the workplace; discrimination against women brokers in a major Wall Street firm; harassment of low-wage agricultural workers on the basis of national origin; and discrimination against male employees in medical coverage for their dependents. The Agency also addressed traditional issues such as equal pay for women, whether in non-traditional jobs (e.g., as camera technicians) or professional positions (e.g., as vice presidents of corporations); layoffs of older employees to make way for "young, aggressive workers"; failure to promote African-Americans into managerial positions; religious discrimination against employees with diverse faiths (Christian, Jewish, Muslim); reasonable accommodations for individuals with disabilities to allow them to work; and retaliation against employees who have openly opposed discrimination in their work places.
In addition, the agency increased the percentage of policy and multiple party cases in the active litigation docket to 40%, up from 39% in FY 2000, 32% in FY 1999, and 28% in FY 1996. Consolidating claims against an employer results in more efficient service to the public and greater consistency in remedies on the same or similar issues.
During FY 1999, EEOC filed 464 lawsuits and resolved 349 lawsuits, resulting in monetary benefits of $98.4 million for victims of discrimination. Highlights include:
During FY 2000, EEOC filed 328 lawsuits and resolved 438 lawsuits, resulting in monetary benefits of $49.8 million for victims of discrimination. Highlights include:
During FY 2001, EEOC filed 430 lawsuits and resolved 360 lawsuits, resulting in monetary benefits of $51.2 million for victims of discrimination. Highlights include:
Appellate Services represents the Commission in the courts of appeals and makes all recommendations that lead to appearances in those courts. For example, Appellate Services makes recommendations to the General Counsel concerning which cases filed by the Commission should be appealed following an adverse decision in the trial court. In addition, Appellate Services represents the Commission in the courts of appeals when the Commission has won a case in the trial court and the opposing party appeals. Finally, Appellate Services makes recommendations to the Commission to file briefs as amicus curiae in the courts of appeals in private cases that raise important issues under EEOC-enforced statutes.
Supreme Court litigation is handled for EEOC by the Solicitor General at the Department of Justice. Appellate Services submits recommendation memoranda and draft briefs to the Solicitor General for filing in the Supreme Court when the Commission approves participation in a private case as amicus curiae or authorizes pursuit of a petition for certiorari review in a Commission case.
In FYs 1999, 2000, and 2001, Appellate Services filed 268 briefs on behalf of the Commission 141 as a party and 127 as amicus curiae. Some of the more significant decisions in cases in which Appellate Services filed briefs are discussed below.
Significant Decisions in FY 1999
Significant Decisions in FY 2000
Significant Decisions in FY 2001
Building on the reforms EEOC initiated in 1999, in conjunction with the successful implementation of the revised Part 1614 federal sector regulations (effective November 9, 1999), the Commission's federal sector program in FY 2001 provided significant measurable results to all its stakeholders. The Commission continues to refine its federal sector efforts in order to strategically focus its federal sector resources in an attempt to identify and eliminate the causes of discrimination.
To this end, beginning in FY 2001, the Commission expanded its government-wide program of outreach, education, and technical assistance to agencies and employee stakeholders; conducted more carefully designed and focused onsite reviews of federal agencies' EEO programs; made significant strides to accomplish improvements in the systems for collecting and reporting data on complaints processing; curbed the growth of the hearings inventory; and slashed the pending appeals inventory by approximately 37% since January 2000.
EEOC's FY 2001 accomplishments in the federal sector program include the following:
The Commission's outreach, education, and technical assistance activities are critical to its mission of eradicating employment discrimination. Recognizing that voluntary compliance is essential to achieving its mission, EEOC continued to emphasize education and outreach. The National Enforcement Plan requires that each of EEOC's offices develops and implements an education and outreach plan tailored to the needs of its communities. Each office provides information on the Agency's operations, programs, activities, and EEOC-enforced laws through printed materials, speeches, and educational and outreach workshops. Seminars produced in the field that offered technical assistance to employers in the private sector and state and local governments drew an over- whelming response. EEOC's various outreach presentations have reached hundreds of thousands of people in recent years.
The EEOC's outreach program provides no-cost education and information to audiences around the country. The Commission also makes use of various forums through which to impart information on the Agency's programs, activities, and operations. EEOC staff make presentations to private employers; legal and professional organizations; law enforcement agencies; human rights and advocacy organizations; federal, state and local government agencies; and other groups affected by EEOC laws. Throughout FY 1999, FY 2000, and FY 2001, the Commission conducted approximately 8,700 presentations on a wide range of equal employment-related topics reaching audiences of over 682,000 persons. In addition, the Office of Legal Counsel provided extensive guidance and interpretation of EEOC statutes in response to telephone calls and written inquiries from the public.
In addition, Commission officials traveled to dozens of U.S. cities and overseas to meet with and receive feedback from a broad range of stakeholders representing small and medium-sized busi- nesses, the employer and plaintiff bars, civil rights advocates, state and local governments, colleges and universities, and community-based organizations.
Selected highlights of noteworthy meetings and outreach events are as follows:
10th Anniversary of the Americans with Disabilities Act: The EEOC held a special Commission Meeting in July 2000 commemorating the 10th anniversary of the ADA. During the public meeting, the Commission reviewed the history of ADA enforcement and looked ahead at challenges in the 21st century workplace, issued a special report highlighting Agency accomplishments since the implem- entation of Title I of the ADA, and issued two new policy guidance documents addressing key ADA issues (see Policy Guidance and Rulemaking). In addition, key Commission officials participated in ADA Torch Relay events in major cities across the country and gave speeches on the evolution of the ADA since it was enacted on July 26, 1990.
EEOC's 35th Anniversary: To commemorate this historic milestone in FY 2000, and to reaffirm EEOC's commitment to the eradication of workplace discrimination, the Agency conducted a series of 35th anniversary events at field offices across the country. In addition, EEOC sponsored a National Student Artwork and Essay Contest entitled EEOC's Mission Through the Eyes of a Child, which was designed to educate the public about the rich heritage of civil rights and to highlight EEOC's role in enforcement and discrimination prevention; coordinated with the American Bar Association's Section on Labor and Employment Law on a joint publication reviewing the history of the Commission (which can be obtained by contacting EEOC Headquarters); and joined with the National Labor Relations Board (NLRB) to create an Attorney Honors Program to recruit qualified entry level attorneys and train them for highly skilled legal work in each of the two agencies.
In addition, the Commission continued to use electronic technologies as educational tools for both the public and EEOC staff nationwide:
Internet Web Site: The EEOC upgraded and expanded its industry-acclaimed Internet Home Page on the World Wide Web (www.eeoc.gov) in FYs 1999 through 2001, adding an historic special section commemorating the Commission's 35th anniversary, a special report on the 10th anniversary of the ADA, searchable databases for federal sector decisions and private sector appellate briefs, and a user-friendly search engine to locate information on the site. Use of the Internet site escalated from an average of 82,714 visitors per month in FY 1999 to 155,496 in FY 2000 to 208,534 in FY 2001. Since FY 1998, the public's use of the EEOC's web site has increased more than five-fold, from an average of 39,980 visitors per month.
EEOC Intranet Site: The EEOC developed an internal Agency web site, inSite, providing a one- stop source of information for Agency employees. The purpose of the site is to make available a shared set of business-related information and tools that are easily accessible in an electronic format to assist staff with accomplishing EEOC's overall mission.
The EEOC also developed several task forces to better focus outreach on some of the issues and communities at the forefront of the Agency's mission during this time period:
Equal Pay Task Force: The EEOC created an internal Equal Pay Task Force to provide assistance to field enforcement staff in their development of cases involving equal pay and employment discrimination in compensation. The Task Force provides direct assistance to investigative staff in the identification of pay issues when a charge is initially filed, in the development of appropriate data requests, and in the ongoing analysis of the charge; refines appropriate data techniques for the development of compelling statistical evidence; and prepares in-depth statistical analyses of reports for individual investigations.
National Origin Task Force: The EEOC launched an internal Agency task force comprised of eight EEOC district offices with jurisdictions in geographic areas with large immigrant and recent refugee populations. These communities are more likely than others to bear discrimination without filing complaints for fear of retaliation (including threats to their residency), distrust of government officials, or lack of awareness of their legal rights. Moreover, they are often subjected to language and accent discrimination in the workplace, including speak-English-only rules. The Task Force was charged with developing a strategy to guide and coordinate EEOC's overall efforts to address national origin bias more effectively through education and outreach at the grassroots level, collaboration with community groups, extensive research, and data analysis.
Asian American and Pacific Islander Initiative: The EEOC implemented Executive Order 13125 to improve Asian Americans' and Pacific Islanders' access to and participation in federal programs. The EEOC produced an inventory on Asian American and Pacific Islander participation in Agency programs and a strategic plan for FYs 2001 through 2003 to increase the number of Agency publications in languages other than English and to identify resources for distribution of EEOC publications to the Asian American and Pacific Islander communities.
Low Wage Earner Task Force: The EEOC formed a tri-district task force to build a coalition of stakeholder representatives and contacts and to develop an enforcement plan addressing low-wage earner issues. The Task Force focuses on outreach to immigrants, border workers, and farm laborers, identifying issues pertinent to each community. The Task Force also coordinates with federal, state, and local government agencies with similar jurisdictional responsibilities to assist enforcement. As a result of the Task Force, several investigations were commenced regarding pay disparities, speak- English-only rules, job segregation, and immigration-related national origin discrimination.
Cash Balance Task Force: The EEOC created an internal task force to guide the Commission in its review of cash balance pension plans. The Task Force's mandate is to analyze the legality of cash balance pension plans a hybrid of traditional defined benefit plans with features of defined contribution (401(k)-type) plans under the ADEA. During FY 2000, the EEOC received approximately 800 charge filings alleging ADEA violations involving cash balance pension plans.
A second component of the education and outreach program consists of specialized, in-depth training and technical assistance provided on a fee basis through EEOC's Education, Technical Assistance, and Training Revolving Fund. Programs sponsored by the Revolving Fund augment those the Agency provides at no cost to the public. With the increase in charges following the passage of the ADA and the Civil Rights Act of 1991, EEOC needed additional funding to meet the growing demand for assistance on how to comply with federal EEO laws.
Accordingly, Congress passed the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992 (P.L. 102-411), which enabled the Commission to provide comprehensive, specialized education, technical assistance, and training on the laws it enforces. Congress appropriated $1 million as a start-up for the Revolving Fund. The fund, which allows the Commission to charge reasonable fees to cover the costs of training and technical assistance, has helped EEOC leverage its limited appropriated funds to meet legislative mandates requiring free education and technical assistance to the public.
Since FY 1993, the Revolving Fund has sponsored a series of Technical Assistance Program Seminars (TAPS) conducted by field offices. The seminars provide information to employers in the federal sector, the private sector, and state and local governments, and enable them to comply more easily with laws enforced by EEOC. During the period between FY 1999 and FY 2001, the Agency conducted 217 TAPS and reached more than 32,500 participants.
During FY 2001, EEOC conducted 367 fee-paid training events attended by nearly 22,000 persons. These programs included 60 TAPS, 275 on-site training programs tailored for individual employers or federal agencies, 31 courses for federal EEO counselors or investigators, and one course for mediators. The program has grown from FY 1999 when 292 fee-based events were offered, reaching 19,941 attendees.
TAPS are typically one-day programs that feature sessions on current EEO topics and are held in many major cities throughout the country. The on-site training programs vary in length from a quarter day to a full week and are held at a company's or agency's work site. During this period, the most requested topic for on-site training was harassment. Counselor and investigator courses were offered for federal agencies, both in Washington, D.C. and regionally.
The EEOC produces a variety of policy guidance documents that assist employees and employers in understanding their rights and obligations under the law. For example, the Commission issues regulations, amicus curiae briefs filed in the courts, substantive rules, interpretative guidance documents, and federal sector appeals decisions. The courts, including the Supreme Court, look to EEOC guidance for interpretation of the statutes the Agency enforces, and the Office of General Counsel cites them as authority in litigation to advance the position taken in the guidance. The Commission provides advice to field offices in interpreting and applying significant court decisions and in evaluating evidence in discrimination cases. The guidance on interpreting the law in Commission decisions, regulations, and the EEOC Compliance Manual, developed by the Office of Legal Counsel, is available to the public.
Some of the policy guidance and rulemaking documents approved by the Commission during the three fiscal years represented in this report are:
Guidance on Reasonable Accommodation and Undue Hardship: On March 1, 1999, the Commission issued a policy guidance addressing the duty of employers to provide reasonable accommodations to applicants and employees with disabilities. The guidance also provides a list of resources to help employers and people with disabilities identify reasonable accommodations.
Guidance on Employer Liability for Harassment by Supervisors: On June 18, 1999, the Commission issued a policy guidance explaining the circumstances under which employers can be held liable for unlawful harassment by supervisors. The guidance addresses the steps employers should take to prevent and correct harassment and explains employees' obligations to bring complaints of harassment to their employers' attention.
Federal Sector EEO Processing Rule: On July 12, 1999, the Commission published a final rule revising the federal sector processing regulations (29 C.F.R. Part 1614). The rule, which became effective November 9, 1999, streamlines the procedures governing the discrimination complaint process for federal employees and applicants for federal employment. (See other references, pp. 7, 20, 22)
Guidance on Remedies for Undocumented Workers: On October 22, 1999, the EEOC issued a policy guidance explaining that the anti-discrimination laws enforced by the Commission protect all workers in the United States, regardless of their work status. As a result, subject to limited exceptions where such remedies would conflict with the immigration laws, the guidance explains that undocumented workers are entitled to the full range of remedies provided under the anti- discrimination statutes.
Harassment Guidelines: On October 29, 1999, the Commission issued an interpretive final rule rescinding subsection (c) of its guidelines on sex discrimination and national origin discrimination (29 C.F. R. .. 1604.11, 1606.8) to conform with Supreme Court rulings on employer liability for harassment by supervisors.
Proposed Rehabilitation Act Rule: On March 1, 2000, the Commission requested public comment on a proposal to revise its regulation interpreting Section 501 of the Rehabilitation Act of 1973, the law which prohibits disability-based discrimination by federal employers. Pursuant to statute, the rule establishes that the ADA nondiscrimination standards apply in the federal sector.
Compliance Manual Section on Threshold Issues: On May 12, 2000, the EEOC issued a new section to its Compliance Manual addressing "threshold" issues. The issuance of the new chapter marked an important step in the Commission's ongoing effort to update its Compliance Manual in order to enhance enforcement and compliance with the anti-discrimination laws.
Final Rule on Mitigating Measures Under ADA: On June 8, 2000, the Commission issued a rule rescinding several sentences of EEOC's interpretive guidance on Title I of the ADA that addressed mitigating measures used by persons with impairments. The rule was necessary as a result of the Supreme Court's rulings in Sutton v. United Airlines and Murphy v. United Parcel Service.
Guidance on Disability-Related Inquiries and Medical Examinations: On July 26, 2000, the 10th anniversary of the ADA's enactment, EEOC issued a comprehensive policy guidance explaining the circumstances under which an employer may ask current employees disability-related questions or require medical examinations under the ADA and Rehabilitation Act. The guidance points out that such inquiries and exams must be "job-related and consistent with business necessity."
Guidance on Executive Order 13145: To Prohibit Discrimination in Federal Employment Based on Genetic Information: Also on July 26, 2000, the EEOC issued guidance explaining Executive Order 13145, which prohibits genetic discrimination in federal employment. This guidance represents a significant step in the ongoing development of the legal analysis of how to address genetic discrimination in the workplace.
Compliance Manual Section on Employee Benefits Issues: On October 3, 2000, the Commission issued a new section to its Compliance Manual which provides the Commission's first comprehensive analysis of some of the most important employee benefits issues under anti-discrimination laws. The new section analyzes benefit discrimination claims under each of the laws enforced by the Commission, clearly explaining that the laws prohibit discrimination in fringe benefits. The section examines the legal standards that apply to claims of discrimination in health and life insurance benefits, long-term and short-term disability benefits, severance benefits, pension or other retirement benefits, and early retirement incentives. The limited circumstances in which the law permits employers to provide lower benefits to older employees than to younger workers and the specific requirements of the ADA are set forth.
Guidance to Federal Agencies on Reasonable Accommodation: On October 20, 2000, the EEOC released a policy guidance implementing Executive Order 13164, which requires all federal employers to establish effective written procedures for processing requests for "reasonable accommodation" by employees and applicants with disabilities.
Compliance Manual Section on Compensation Issues: On December 7, 2000, the Commission issued a new section to its Compliance Manual which provided an updated, comprehensive analysis of the most important compensation issues under each of the anti-discrimination laws enforced by EEOC. The new Compliance Manual section explains that the law covers all forms of compensation including salary, overtime pay, bonuses, stock options, profit sharing plans, life insurance, vacation and holiday pay, reimbursement for travel expenses, and other fringe benefits. In addition to examining the legal standards for determining whether compensation discrimination exists, it also explains that employment practices that indirectly affect employee compensation, such as promotions, appraisal systems, and work assignments, should be scrutinized carefully to ensure that they are not unlawful.
"Tender Back" Rule: On December 11, 2000, EEOC issued a final regulation prohibiting employers from requiring the return, or "tender back," of consideration, such as severance pay, as a condition for challenging waivers under the ADEA. The new rule, 29 C.F.R. .1625.23, addressed the Supreme Court's 1998 decision in Oubre v. Entergy Operations, Inc., 522 U.S. 422, and related issues regarding waivers.
Commission Decision on Health Plans and Contraceptives: On December 14, 2000, EEOC issued a Commission Decision finding merit in two charges of discrimination alleging violations of Title VII as amended by the Pregnancy Discrimination Act. The respondents in the charges excluded the cost of prescription contraceptive drugs available only to women from their employee health plans while covering many other preventive drugs, devices, and services, including surgical sterilization for both men and women, as well as Viagra for men.
Guidance on Contingent Workers: On December 22, 2000, the Commission issued new enforcement guidance clarifying how the ADA and the Rehabilitation Act of 1973 apply to contingent workers those workers placed in job assignments by staffing firms, such as temporary employment agencies or contract firms. The guidance explains that these workers frequently qualify as the employ- ees of both the staffing firm and its client. Therefore, both entities have obligations to contingent workers under the provisions of the ADA.
Internal Procedures on Reasonable Accommodation: On February 7, 2001, EEOC issued new internal procedures for providing reasonable accommodation for EEOC employees and applicants with disabilities. The new standards implement the requirements of Executive Order 13164, which requires all federal agencies to develop written procedures explaining how they will process reasonable accommodation requests. The Executive Order also directed EEOC to publish guidance to assist federal agencies in drafting their procedures.
Rescission of Compliance Manual: On August 20, 2001, EEOC issued an official rescission of portions of the Commission's Compliance Manual section on "Employee Benefits" that discuss the application of the ADEA to retiree health plans. The rescission, approved on August 17, 2000, by a unanimous vote of the Commission, resulted from a review of the policy's impact on employer-sponsored retiree health plans, such as those offering extended health care coverage in the form of a Medicare bridge (coverage until Medicare eligibility at age 65). That policy had provided that retiree health plans reduced or eliminated on the basis of age or Medicare eligibility violate the ADEA.
Charge Receipts by Type and Percent of Total Charges
All Statutes - Receipts and Resolutions
Title VII of the Civil Rights Act of 1964 - All Receipts and Resolutions
Race Discrimination - Receipts and Resolutions
Sex Discrimination - Receipts and Resolutions
Sexual Harassment - Receipts and Resolutions
National Origin Discrimination - Receipts and Resolutions
Pregnancy Discrimination - Receipts and Resolutions
Religious Discrimination - Receipts and Resolutions
Americans with Disabilities Act - Receipts and Resolutions
Age Discrimination in Employment Act - Receipts and Resolutions
Equal Pay Act - Receipts and Resolutions
Litigation Statistics
Charge Receipts by Type and Percent of Total Charges
Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
---|---|---|---|
TOTAL CHARGES | 77,444 | 79,896 | 80,840 |
RACE | 28,819 | 28,945 | 28,912 |
37.3% | 36.2% | 35.8% | |
SEX | 23,907 | 25,194 | 25,140 |
30.9% | 31.5% | 31.1% | |
NATIONAL ORIGIN | 7,108 | 7,792 | 8,025 |
9.2% | 9.8% | 9.9% | |
RELIGION | 1,811 | 1,939 | 2,127 |
2.3% | 2.4% | 2.6% | |
AGE | 14,141 | 16,008 | 17,405 |
18.3% | 20.0% | 21.5% | |
DISABILITY | 17,007 | 15,864 | 16,470 |
22.0% | 19.9% | 20.4% | |
EQUAL PAY | 1,044 | 1,270 | 1,251 |
1.3% | 1.6% | 1.5% |
All Statutes
Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
---|---|---|---|
RECEIPTS | 77,444 | 79,896 | 80,840 |
RESOLUTIONS | 97,846 | 93,672 | 90,106 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 6,094 | 7,937 | 7,330 |
6.2% | 8.5% | 8.1% | |
WITHDRAWALS W/BENEFITS | 3,593 | 3,753 | 3,654 |
3.7% | 4.0% | 4.1% | |
ADMINISTRATIVE CLOSURES | 23,570 | 19,156 | 18,636 |
24.1% | 20.5% | 20.7% | |
NO REASONABLE CAUSE | 58,174 | 54,578 | 51,562 |
59.5% | 58.3% | 57.2% | |
REASONABLE CAUSE | 6,415 | 8,248 | 8,924 |
6.6% | 8.8% | 9.9% | |
SUCCESSFUL CONCILIATIONS | 1,578 | 2,040 | 2,365 |
1.6% | 2.2% | 2.6% | |
UNSUCCESSFUL CONCILIATIONS | 4,837 | 6,208 | 6,559 |
4.9% | 6.6% | 7.3% | |
MERIT RESOLUTIONS | 16,102 | 19,938 | 19,908 |
16.5% | 21.3% | 22.1% | |
MONETARY BENEFITS (millions) | $210.5 | $245.7 | $247.8 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Title VII of the Civil Rights Act of 1964 Charges
FY 1999 | FY 2000 | FY 2001 | |
RECEIPTS | 57,582 | 59,588 | 59,631 |
RESOLUTIONS | 59,085 | 57,136 | 54,549 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 3,748 | 4,828 | 4,493 |
6.3% | 8.5% | 8.2% | |
WITHDRAWALS W/BENEFITS | 2,084 | 2,251 | 2,201 |
3.5% | 3.9% | 4.0% | |
ADMINISTRATIVE CLOSURES | 14,265 | 11,439 | 10,766 |
24.1% | 20.0% | 19.7% | |
NO REASONABLE CAUSE | 35,614 | 33,822 | 32,075 |
60.3% | 59.2% | 58.8% | |
REASONABLE CAUSE | 3,374 | 4,796 | 5,014 |
5.7% | 8.4% | 9.2% | |
SUCCESSFUL CONCILIATIONS | 859 | 1,091 | 1,177 |
1.5% | 1.9% | 2.2% | |
UNSUCCESSFUL CONCILIATIONS | 2,515 | 3,705 | 3,837 |
4.3% | 6.5% | 7.0% | |
MERIT RESOLUTIONS | 9,206 | 11,875 | 11,708 |
15.6% | 20.8% | 21.5% | |
MONETARY BENEFITS (millions) | $113.1 | $142.4 | $141.1 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Race-Based Charges (Title VII)
Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
RECEIPTS | 28,819 | 28,945 | 28,912 |
RESOLUTIONS | 35,094 | 33,188 | 32,077 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 2,138 | 2,802 | 2,549 |
6.1% | 8.4% | 7.9% | |
WITHDRAWALS W/BENEFITS | 1,036 | 1,150 | 1,203 |
3.0% | 3.5% | 3.8% | |
ADMINISTRATIVE CLOSURES | 7,213 | 5,727 | 5,626 |
20.6% | 17.3% | 17.5% | |
NO REASONABLE CAUSE | 23,148 | 21,319 | 20,302 |
66.0% | 64.2% | 63.3% | |
REASONABLE CAUSE | 1,559 | 2,190 | 2,397 |
4.4% | 6.6% | 7.5% | |
SUCCESSFUL CONCILIATIONS | 382 | 529 | 691 |
1.1% | 1.6% | 2.2% | |
UNSUCCESSFUL CONCILIATIONS | 1,177 | 1,661 | 1,706 |
3.4% | 5.0% | 5.3% | |
MERIT RESOLUTIONS | 4,733 | 6,142 | 6,149 |
13.5% | 18.5% | 19.2% | |
MONETARY BENEFITS (millions) | $53.2 | $61.7 | $86.5 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Sex-Based Charges (Title VII)
Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
RECEIPTS | 23,907 | 25,194 | 25,140 |
RESOLUTIONS | 30,643 | 29,631 | 28,602 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 1,988 | 2,644 | 2,404 |
6.5% | 8.9% | 8.4% | |
WITHDRAWALS W/BENEFITS | 1,269 | 1,332 | 1,321 |
4.1% | 4.5% | 4.6% | |
ADMINISTRATIVE CLOSURES | 8,747 | 6,897 | 6,391 |
28.5% | 23.3% | 22.3% | |
NO REASONABLE CAUSE | 16,689 | 15,980 | 15,654 |
54.5% | 53.9% | 54.7% | |
REASONABLE CAUSE | 1,950 | 2,778 | 2,832 |
6.4% | 9.4% | 9.9% | |
SUCCESSFUL CONCILIATIONS | 535 | 707 | 739 |
1.7% | 2.4% | 2.6% | |
UNSUCCESSFUL CONCILIATIONS | 1,415 | 2,071 | 2,093 |
4.6% | 7.0% | 7.3% | |
MERIT RESOLUTIONS | 5,207 | 6,754 | 6,557 |
17.0% | 22.8% | 22.9% | |
MONETARY BENEFITS (millions) | $81.7 | $109.0 | $94.4 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Sexual Harassment Charges
EEOC & FEPAs Combined: Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
---|---|---|---|
RECEIPTS | 15,222 | 15,836 | 15,475 |
PERCENT OF CHARGES FILED BY MALES | 12.1% | 13.6% | 13.7% |
RESOLUTIONS | 16,524 | 16,726 | 16,383 |
RESOLUTIONS BY TYPE | |||
SETTLEMENTS | 1,361 | 1,676 | 1,568 |
8.2% | 10.0% | 9.6% | |
WITHDRAWALS W/BENEFITS | 1,299 | 1,389 | 1,454 |
7.9% | 8.3% | 8.9% | |
ADMINISTRATIVE CLOSURES | 5,401 | 4,628 | 4,293 |
32.7% | 27.7% | 26.2% | |
NO REASONABLE CAUSE | 7,272 | 7,370 | 7,309 |
44.0% | 44.1% | 44.6% | |
REASONABLE CAUSE | 1,180 | 1,659 | 1,746 |
7.1% | 9.9% | 10.7% | |
SUCCESSFUL CONCILIATIONS | 383 | 524 | 551 |
2.3% | 3.1% | 3.4% | |
UNSUCCESSFUL CONCILIATIONS | 797 | 1,135 | 1,195 |
4.8% | 6.8% | 7.3% | |
MERIT RESOLUTIONS | 3,840 | 4,724 | 4,768 |
23.2% | 28.2% | 29.1% | |
MONETARY BENEFITS (millions) | $50.3 | $54.6 | $53.0 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
National Origin-Based Charges (Title VII)
Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
RECEIPTS | 7,108 | 7,792 | 8,025 |
RESOLUTIONS | 8,750 | 8,691 | 8,899 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 458 | 630 | 668 |
5.2% | 7.2% | 7.5% | |
WITHDRAWALS W/BENEFITS | 280 | 276 | 341 |
3.2% | 3.2% | 3.8% | |
ADMINISTRATIVE CLOSURES | 2,087 | 1,538 | 1,448 |
23.9% | 17.7% | 16.3% | |
NO REASONABLE CAUSE | 5,486 | 5,502 | 5,461 |
62.7% | 63.3% | 61.4% | |
REASONABLE CAUSE | 439 | 745 | 981 |
5.0% | 8.6% | 11.0% | |
SUCCESSFUL CONCILIATIONS | 98 | 159 | 229 |
1.1% | 1.8% | 2.6% | |
UNSUCCESSFUL CONCILIATIONS | 341 | 586 | 752 |
3.9% | 6.7% | 8.5% | |
MERIT RESOLUTIONS | 1,177 | 1,651 | 1,990 |
13.5% | 19.0% | 22.4% | |
MONETARY BENEFITS (millions) | $19.7 | $15.7 | $48.1 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System National Data Base.
Pregnancy Discrimination Charges
EEOC & FEPAs Combined: Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
---|---|---|---|
RECEIPTS | 4,166 | 4,160 | 4,287 |
RESOLUTIONS | 4,343 | 4,480 | 4,280 |
RESOLUTIONS BY TYPE | |||
SETTLEMENTS | 505 | 602 | 518 |
11.6% | 13.4% | 12.1% | |
WITHDRAWALS W/BENEFITS | 359 | 322 | 327 |
8.3% | 7.2% | 7.6% | |
ADMINISTRATIVE CLOSURES | 897 | 821 | 761 |
20.7% | 18.3% | 17.8% | |
NO REASONABLE CAUSE | 2,389 | 2,452 | 2,373 |
55.0% | 54.7% | 55.4% | |
REASONABLE CAUSE | 188 | 280 | 298 |
4.3% | 6.3% | 7.0% | |
SUCCESSFUL CONCILIATIONS | 81 | 110 | 123 |
1.9% | 2.5% | 2.9% | |
UNSUCCESSFUL CONCILIATIONS | 107 | 170 | 175 |
2.5% | 3.8% | 4.1% | |
MERIT RESOLUTIONS | 1,052 | 1,204 | 1,143 |
24.2% | 26.9% | 26.7% | |
MONETARY BENEFITS (millions) | $6.7 | $20.6 | $7.5 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Religion-Based Charges (Title VII)
Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
RECEIPTS | 1,811 | 1,939 | 2,127 |
RESOLUTIONS | 2,187 | 2,230 | 2,217 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 144 | 156 | 182 |
6.6% | 7.0% | 8.2% | |
WITHDRAWALS W/BENEFITS | 87 | 94 | 77 |
4.0% | 4.2% | 3.5% | |
ADMINISTRATIVE CLOSURES | 532 | 429 | 382 |
24.3% | 19.2% | 17.2% | |
NO REASONABLE CAUSE | 1,269 | 1,343 | 1,349 |
58.0% | 60.2% | 60.8% | |
REASONABLE CAUSE | 155 | 208 | 227 |
7.1% | 9.3% | 10.2% | |
SUCCESSFUL CONCILIATIONS | 42 | 56 | 43 |
1.9% | 2.5% | 1.9% | |
UNSUCCESSFUL CONCILIATIONS | 113 | 152 | 184 |
5.2% | 6.8% | 8.3% | |
MERIT RESOLUTIONS | 386 | 458 | 486 |
17.7% | 20.5% | 21.9% | |
MONETARY BENEFITS (millions) | $3.1 | $5.5 | $14.1 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Americans with Disabilities Act of 1990 (ADA) Charges Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
RECEIPTS | 17,007 | 15,864 | 16,470 |
RESOLUTIONS | 22,152 | 20,475 | 19,084 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 1,433 | 1,852 | 1,722 |
6.5% | 9.0% | 9.0% | |
WITHDRAWALS W/BENEFITS | 867 | 862 | 834 |
3.9% | 4.2% | 4.4% | |
ADMINISTRATIVE CLOSURES | 5,434 | 4,209 | 3,662 |
24.5% | 20.6% | 19.2% | |
NO REASONABLE CAUSE | 12,753 | 11,431 | 10,332 |
57.6% | 55.8% | 54.1% | |
REASONABLE CAUSE | 1,665 | 2,121 | 2,534 |
7.5% | 10.4% | 13.3% | |
SUCCESSFUL CONCILIATIONS | 518 | 663 | 741 |
2.3% | 3.2% | 3.9% | |
UNSUCCESSFUL CONCILIATIONS | 1,147 | 1,458 | 1,793 |
5.2% | 7.1% | 9.4% | |
MERIT RESOLUTIONS | 3,965 | 4,835 | 5,090 |
17.9% | 23.6% | 26.7% | |
MONETARY BENEFITS (Millions) | $55.8 | $54.4 | $47.9 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Age Discrimination in Employment Act (ADEA) Charges
Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
RECEIPTS | 14,141 | 16,008 | 17,405 |
RESOLUTIONS | 15,448 | 14,672 | 15,155 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 816 | 1,156 | 1,006 |
5.3% | 7.9% | 6.6% | |
WITHDRAWALS W/BENEFITS | 578 | 560 | 551 |
3.7% | 3.8% | 3.6% | |
ADMINISTRATIVE CLOSURES | 3,601 | 3,232 | 3,963 |
23.3% | 22.0% | 26.1% | |
NO REASONABLE CAUSE | 9,172 | 8,517 | 8,388 |
59.4% | 58.0% | 55.3% | |
REASONABLE CAUSE | 1,281 | 1,207 | 1,247 |
8.3% | 8.2% | 8.2% | |
SUCCESSFUL CONCILIATIONS | 184 | 241 | 409 |
1.2% | 1.6% | 2.7% | |
UNSUCCESSFUL CONCILIATIONS | 1,097 | 966 | 838 |
7.1% | 6.6% | 5.5% | |
MERIT RESOLUTIONS | 2,675 | 2,923 | 2,804 |
17.3% | 19.9% | 18.5% | |
MONETARY BENEFITS (millions) | $38.6 | $45.2 | $53.7 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Equal Pay Act (EPA) Charges
(includes concurrent charges with Title VII, ADEA, and ADA)
Fiscal Years 1999, 2000, and 2001
FY 1999 | FY 2000 | FY 2001 | |
RECEIPTS | 1,044 | 1,270 | 1,251 |
RESOLUTIONS | 1,026 | 1,235 | 1,158 |
RESOLUTIONS BY TYPE* | |||
SETTLEMENTS | 89 | 80 | 96 |
8.7% | 6.5% | 8.3% | |
WITHDRAWALS W/BENEFITS | 58 | 70 | 62 |
5.7% | 5.7% | 5.4% | |
ADMINISTRATIVE CLOSURES | 226 | 250 | 201 |
22.0% | 20.2% | 17.4% | |
NO REASONABLE CAUSE | 565 | 716 | 679 |
55.1% | 58.0% | 58.6% | |
REASONABLE CAUSE | 88 | 119 | 120 |
8.6% | 9.6% | 10.4% | |
SUCCESSFUL CONCILIATIONS | 15 | 45 | 37 |
1.5% | 3.6% | 3.2% | |
UNSUCCESSFUL CONCILIATIONS | 73 | 74 | 83 |
7.1% | 6.0% | 7.2% | |
MERIT RESOLUTIONS | 235 | 269 | 278 |
22.9% | 21.8% | 24.0% | |
MONETARY BENEFITS (Millions) | $2.9 | $3.6 | $5.1 |
*The total of individual percentages may not always equal 100 percent due to rounding. Data in this chart, compiled by the Office of Research, Information and Planning, were taken from EEOC's Charge Data System - National Data Base.
Litigation Statistics
Fiscal Year 1999
CUMULATIVE OCTOBER 1, 1998 - SEPTEMBER 30, 1999 | |
---|---|
TOTAL LAWSUITS FILED | 464 |
Direct Suits and Interventions 1 | 437 |
Title VII | 325 |
ADEA | 41 |
ADA 2 | 51 |
EPA | 3 |
Concurrent | 17 |
Subpoena Enforcement & Other Actions 3 | 27 |
LITIGATION RESOLUTION TOTAL | 349 |
Direct Suits and Interventions | 319 |
Title VII | 192 |
ADEA | 41 |
ADA | 65 |
EPA | 0 |
Concurrent | 21 |
Subpoena Enforcement & Other Actions | 30 |
MONETARY BENEFITS FROM LITIGATION (dollars in millions) | $98.4 |
Title VII | $49.2 |
ADEA | $42.5 |
ADA | $2.9 |
EPA | $0.3 |
Concurrent | $3.5 |
1 Includes interventions (lawsuits joined by EEOC that were filed by private plaintiffs)
2 Title I of the ADA became effective July 1992
3 Includes reporting and recordkeeping violations as well as temporary restraining orders
Litigation Statistics
Fiscal Year 2000
CUMULATIVE OCTOBER 1, 1999 - SEPTEMBER 30, 2000 | |
---|---|
TOTAL LAWSUITS FILED | 328 |
Direct Suits and Interventions 1 | 290 |
Title VII | 222 |
ADEA | 27 |
ADA 2 | 23 |
EPA | 3 |
Concurrent | 15 |
Subpoena Enforcement & Other Actions 3 | 38 |
LITIGATION RESOLUTION TOTAL | 438 |
Direct Suits and Interventions | 405 |
Title VII | 305 |
ADEA | 35 |
ADA | 52 |
EPA | 4 |
Concurrent | 9 |
Subpoena Enforcement & Other Actions | 33 |
MONETARY BENEFITS FROM LITIGATION (dollars in millions) | $49.8 |
Title VII | $35.1 |
ADEA | $11.2 |
ADA | $3.0 |
EPA | $.2 |
Concurrent | $.3 |
1 Includes interventions (lawsuits joined by EEOC that were filed by private plaintiffs)
2 Title I of the ADA became effective July 1992
3 Includes reporting and recordkeeping violations as well as temporary restraining orders
Litigation Statistics
Fiscal Year 2001
CUMULATIVE OCTOBER 1, 2000 - SEPTEMBER 30, 2001 | |
---|---|
TOTAL LAWSUITS FILED | 430 |
Direct Suits and Interventions1 | 385 |
Title VII | 269 |
ADEA | 32 |
ADA 2 | 62 |
EPA | 5 |
Concurrent | 17 |
Subpoena Enforcement & Other Actions3 | 45 |
LITIGATION RESOLUTION TOTAL | 360 |
Direct Suits and Interventions | 319 |
Title VII | 219 |
ADEA | 34 |
ADA | 42 |
EPA | 6 |
Concurrent | 18 |
Subpoena Enforcement & Other Actions | 41 |
MONETARY BENEFITS FROM LITIGATION (dollars in millions) | $51.2 |
Title VII | $29.8 |
ADEA | $3.1 |
ADA | $2.2 |
EPA | $15.8 |
Concurrent | $.3 |
1 Includes interventions (lawsuits joined by EEOC that were filed by private plaintiffs)
2 Title I of the ADA became effective July 1992
3 Includes reporting and recordkeeping violations as well as temporary restraining orders
Chairmen in bold
Year | Term One | Term Two | Term Three | Term Four | Term Five |
---|---|---|---|---|---|
EEOC Established July 2, 1965 | Richard Graham Confirmed July 26 | Franklin Roosevelt, Jr. Confirmed May 26 | Samuel C. Jackson Confirmed May 26 | Luther Holcomb Confirmed May 26 | Vacant |
1966 | Graham Term expired July 1 | Roosevelt Resigned May 11 Stephen Schulman Confirmed Sept. 14 | Jackson | Holcomb | Aileen Hernandez Confirmed May 26 Resigned Nov. 10 |
1967 | Vincent T. Ximenes Confirmed June 11 | Schulman Term expired July 1 Clifford Alexander Confirmed Aug. 4 | Jackson | Holcomb | Vacant |
1968 | Ximenes | Alexander | Jackson Term expired July 1 | Holcomb | Elizabeth Kuck Confirmed Jan. 26 |
1969 | Ximenes | Alexander Resigned May 1 | William H. Brown Confirmed May 5 | Holcomb Reappointed May 2 | Kuck |
1970 | Ximenes | Colston Lewis Confirmed July 24 | Brown | Holcomb | Kuck Term expired July 1 |
1971 | Ximenes Term expired July 1 Raymond Telles Confirmed Sept. 30 | Lewis | Brown | Holcomb | Ethel B. Walsh Confirmed May 3 |
1972 | Telles | Lewis Reappointed Nov. 9 | Brown | Holcomb | Walsh |
1973 | Telles | Lewis | Brown Resigned Dec. 23 John H. Powell Confirmed Dec. 28 | Holcomb | Walsh |
1974 | Telles | Lewis | Powell | Holcomb Resigned Sept. 10 | Walsh |
1975 | Telles | Lewis | Powell Resigned March 18 Lowell Perry Confirmed May 21 | Vacant | Walsh Reappointed Dec. 8 |
1976 | Telles Reappointed Aug. 31 Resigned Oct. 2 | Lewis | Perry Resigned May 15 | Daniel E. Leach Confirmed March 3 | Walsh |
1977 | Eleanor Holmes Norton Confirmed May 27 | Lewis Term expired July 1 | Vacant | Leach | Walsh |
1978 | Norton | J. Clay Smith Confirmed Oct. 10 | Armando Rodriguez Confirmed Oct. 10 | Leach | Walsh |
1979 | Norton | Smith | Rodriguez | Leach | Walsh Reappointed July 26 |
1980 | Norton | Smith | Rodriguez | Leach | Walsh Resigned Dec. 16 |
1981 | Norton Resigned Feb. 21 | Smith* | Rodriguez | Leach Resigned Sept. 30 | Cathie Shattuck* Recess appt. Dec. 18 |
1982 | Clarence Thomas Confirmed May 6 | Smith* Resigned March 4 William Webb Confirmed Oct. 1 | Rodriguez | Tony E. Gallegos Confirmed April 14 | Shattuck* Confirmed March 2 |
1983 | Thomas | Webb | Rodriguez Term expired July 1 | Gallegos | Shattuck Resigned April 15 |
1984 | Thomas | Webb | Fred Alvarez Confirmed May 11 | Gallegos Reconfirmed Sept. 25 | R. Gaull Silberman Recess appt. Nov. 27 |
1985 | Thomas | Webb | Alvarez | Gallegos | Silberman Confirmed May 24 |
1986 | Thomas Reconfirmed Aug. 12 | Webb Resigned Sept. 15 | Alvarez | Gallegos | Silberman |
1987 | Thomas | Evan J. Kemp, Jr. Confirmed June 19 | Alvarez Resigned June 30 Joy Cherian Confirmed Oct. 13 | Gallegos | Silberman |
1988 | Thomas | Kemp | Cherian Reconfirmed Sept. 23 | Gallegos | Silberman |
1989 | Thomas | Kemp | Cherian | Gallegos Recess appt. Nov. 21 | Silberman |
1990 | Thomas Resigned March 8 Joyce E. Tucker Confirmed Sept. 27 | Kemp (Designated Chair March 8) | Cherian | Gallegos Reconfirmed March 1 | Silberman Reconfirmed July 20 |
1991 | Tucker Reconfirmed Aug. 1 | Kemp | Cherian | Gallegos | Silberman |
1992 | Tucker | Kemp Recess appt. Oct. 13 | Cherian | Gallegos | Silberman |
1993 | Tucker | Kemp Resigned April 2 | Cherian Term expired July 1 | Gallegos* | Silberman |
1994 | Tucker | Paul M. Igasaki Confirmed Sept. 29 | Paul Steven Miller Confirmed Sept. 29 | Gallegos* Term expired July 1 Gilbert F. Casellas Confirmed Sept. 29 | Silberman |
1995 | Tucker | Igasaki | Miller | Casellas | Silberman Term expired July 1 |
1996 | Tucker Term expired July 1 | Igasaki | Miller | Casellas | Reginald E. Jones Confirmed July 17 |
1997 | Vacant | Igasaki Term expired July 1 | Miller | Casellas Resigned Dec. 31 | Jones |
1998 | Vacant | Igasaki* Recess appt. Dec. 16 | Miller Term expired July 1 Ida L. Castro Confirmed Oct. 21 | Paul Steven Miller Reconfirmed Oct. 21 | Jones |
1999 | Vacant | Igasaki | Castro | Miller Term expired July 1 Reconfirmed Nov. 22 | Jones |
2000 | Vacant | Igasaki | Castro | Miller | Jones Term expired July 1 Resigned Oct. 15 |
2001 | Cari M. Dominguez Confirmed July 19 | Igasaki | Castro Resigned Aug. 10 | Miller | Vacant |
* Served as Acting Chairman
As originally enacted in 1964, Title VII did not provide for a General Counsel. Section 705(a) of the Act, however, permitted the EEOC Chairman to appoint attorneys, and a General Counsel's position was created. Prior to 1972, three General Counsels were appointed by the Chairman:
Four persons served as Acting General Counsel prior to the creation of an independent General Counsel:
In 1972 Congress amended Title VII and passed the Equal Employment Opportunity Act of 1972. With the passage of this Act, Congress established an independent General Counsel to be appointed by the President and confirmed by the Senate. To date, eight Commission General Counsels have served in this capacity:
Since the passage of the Equal Employment Opportunity Act of 1972, seven individuals have served as Acting General Counsel at the designation of the Chairman in the absence of a confirmed General Counsel:
This page was last modified on November 25, 2002.