35 Years of Ensuring the Promise of Opportunity
Throughout its existence, the Commission has focused on but one
simply stated mission: the elimination of illegal discrimination
from the workplace. To accomplish that goal, various approaches
some dictated by statutory limitations and some by philosophical
and managerial considerations have been employed. This publication
will address in particular how three influences explain many of the
decisions affecting how the Commission accomplishes its
mission.
Of all the influences, the direction and limitations imposed by
Congress and by the Administration in power explain the major sea
changes in EEOC's enforcement operations over time. Thus,
conciliation, education, outreach and technical assistance were the
primary methods employed by EEOC at its inception because that was
what the law permitted. After Congress gave EEOC litigation
enforcement authority in 1972, that became a focal point for the
agency. Today, the challenge manifests itself in achieving a wholly
integrated approach that strategically links all activities in a
delicate balance that adjusts for new and innovative programs like
alternative dispute resolution methods, such as mediation. This
mechanism is now becoming an effective tool to resolve more and
more disputes.
A second major influence on Commission operations is the
particular enforcement philosophy of its commissioners. In
particular, the Commission has at different times encouraged
pursuit of large, complex, time-intensive systemic investigations
and lawsuits that involve mostly larger employers and significant
numbers of potentially affected class members. At other times, the
Commission has emphasized an individual victim approach, designed
to remedy particularized fact-intensive wrongs affecting one or a
few identifiable individuals. In other eras, some mix between the
systemic and individual approach has held sway.
A third influence, connected with the other two, is the need to
address particular problems or concerns in the operation of the
agency. Thus, there have been times when EEOC has seen its
jurisdiction expand as a result of Congressional mandates and
Executive Branch reorganizations. Unfortunately, additional
staffing and resources did not always accompany these expansions.
Thus, the Commission often has had to modify its procedures to
enable it to address increased enforcement responsibilities,
without staff or funding increases concomitant with them. Such
actions have required EEOC to formulate innovative strategies to
ensure that the promise of opportunity moves closer to
fulfillment.
EEOC's strength has been its ability to rise to each challenge.
As we enter the 21st century, EEOC needs to continue to embody its
core values of fairness, effectiveness and efficiency, ensuring
that it continues to stand as the nation's premier civil rights
enforcement agency.
Next: Pre
1965: Events Leading to the Creation of EEOC
|