The EEOC is 45 Years Old...What Has It Done and What Should It Do?
This article is the second of a series discussing the origins of some of America's labor laws.
The Equal Employment Opportunity Commission (EEOC) celebrated its forty-fifth birthday on July 2, 2010.
According the Jacqueline A. Berrien, the current Chairwoman of the EEOC, women made up just over 30 percent of the labor market in 1966, compared with 50 percent today.
Before the establishment of the EEOC, state legislation often limited the hours and times when women were allowed to work. Employers made employment decisions based on stereotypes about women's physical abilities and the construction industry and public safety were off limits to women. Employers made assumptions about a mother's responsibilities at home and women with young children were explicitly barred from some workplaces. Female fight attendants were fired when they got married.
The long haul trucking industry has changed as well since the establishment of the EEOC. Employers' practices and seniority provisions prevented African American and Hispanic truck drivers from applying to higher paid interstate driving positions. Minority truck drivers were confined to local routes, which paid less and did not allow for advancement. This was true until the Supreme Court determined that Title VII prohibited such practices. "Statement on the 45th Anniversary Of the U.S Equal Employment Opportunity Commission," www.eeoc.gov (July 2, 2010).
The Equal Employment Opportunity Commission (EEOC) celebrated its forty-fifth birthday on July 2, 2010.
According the Jacqueline A. Berrien, the current Chairwoman of the EEOC, women made up just over 30 percent of the labor market in 1966, compared with 50 percent today.
Before the establishment of the EEOC, state legislation often limited the hours and times when women were allowed to work. Employers made employment decisions based on stereotypes about women's physical abilities and the construction industry and public safety were off limits to women. Employers made assumptions about a mother's responsibilities at home and women with young children were explicitly barred from some workplaces. Female fight attendants were fired when they got married.
The long haul trucking industry has changed as well since the establishment of the EEOC. Employers' practices and seniority provisions prevented African American and Hispanic truck drivers from applying to higher paid interstate driving positions. Minority truck drivers were confined to local routes, which paid less and did not allow for advancement. This was true until the Supreme Court determined that Title VII prohibited such practices. "Statement on the 45th Anniversary Of the U.S Equal Employment Opportunity Commission," www.eeoc.gov (July 2, 2010).
Commentary
The EEOC was created after the longest debate in the U.S. Senate's nearly 180-year history over the passage of the Civil Rights Act of 1964. The vote in favor of the bill was 73 to 27. On July 2, the U.S. House of Representatives passed the bill. President Lyndon B. Johnson signed the bill into law that same evening.
The Civil Rights Act prohibits discrimination in the private sector and includes public accommodations, governmental services and education. Title VII of the Act prohibits employment discrimination based on race, sex, color, religion and national origin. The Act prohibits discrimination in recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment.
Title VII also created the EEOC. The EEOC is made up of a five-member, bipartisan commission charged with eliminating unlawful employment discrimination. No more than three of the Commissioners are from the same political party, and they are appointed to five-year terms by the President and confirmed by the Senate. The Chairman of the agency appoints the General Counsel.
The EEOC first opened its doors for business on July 2, 1965, one year after Title VII's enactment. The Commission had about 100 employees, but little enforcement authority. Education, outreach and technical assistance were its primary tools. For this reason, prior to 1972, the Commission was referred to at the "toothless tiger."
Congress finally gave the EEOC litigation enforcement authority in 1972.
Today the EEOC is responsible for enforcing federal laws for employers with at least 15 employees, or 20 employees in age discrimination cases. The Commission is headquartered in Washington, D.C. and operates 53 field offices serving every part of the nation.
The EEOC has the authority today to investigate charges of discrimination against employers. The Commission's role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If the EEOC determines that discrimination has occurred and attempts at settlement fail, the Commission has authority to file a lawsuit to protect the rights of individuals and the interests of the public.
According to the EEOC, it also provides leadership and guidance to federal agencies in all aspects of the federal government's equal employment opportunity program and assures federal agency and department compliance with EEOC regulations.
Not all believe that the EEOC is a benefit to the workplace, especially some employers. One argument is that the EEOC is too "litigation focused" and that the EEOC often over-regulates going beyond the intent of lawmakers.
Readers should note that in 1965 the EEOC was a resource to employers versus an enforcer of laws. In 2010, it brings up the question whether the EEOC should look toward its roots and provide more resources to employers rather than litigating against employers. If you have an opinion, please participate in our poll.
This informational piece is part of "News to Use" published on July 29, 2010.
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July 29, 2010