Is your business or organization subject to EEOC compliance?


The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the following federal laws that make it illegal to discriminate against a job applicant or an employee. As a result, an organization is responsible for complying if that organization employs 15 or more people:

The Equal Pay Act of 1963 (EPA)

Prohibits wage discrepancies between men and women, if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Title VII of the Civil Rights Act of 1964 (Title VII)

This act makes it illegal to discriminate against someone on the basis of race, color, religion, sex, or national origin. This law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

The Pregnancy Discrimination Act (under Title VII) prohibits discrimination against women because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Age Discrimination in Employment Act of 1967 (ADEA)

This act protects people who are 40 years of age, or older from discrimination based on age.

Uniform Guideline published and effective in 1979: "4/5ths rule"

These guidelines adopted practical means of determining adverse impact in the selection procedure. This "rule of Thumb" is also known as the "4/5ths" rule. To determine whether a selection procedure violates the 4/5ths rule, the selection rate for the group with the highest selection rate is compared to the selection rate of the other groups. If any of the comparison groups do not have a passing rate of the highest group, then it generally is held that evidence of adverse impact exists for the particular selection procedure.

Title I of the Americans with Disabilities Act of 1990 (ADA) and Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The act also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability, who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

The Civil Rights Act of 1991

An amendment to the Civil Rights Act of 1964, this act strengthens and improves Federal civil rights laws, to provide compensatory and punitive damages in the cases of intentional employment discrimination. It also clarifies provisions regarding disparate impact actions.

The Genetic Information Nondiscrimination Act of 2008 (GINA)

GINA makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or conditions of an individual's family medical history.

Lily M. Ledbetter Act of 2009

This act clarifies that each paycheck that delivers discriminatory compensation is a wrong actionable under the federal EEO statutes, regardless of when the discrimination began. Under the act, an individual subjected to compensation discrimination may file a charge within 180 days.

These acts come together to create what an employer, with 15 or more employees, must be compliant with and charge the EEOC with the responsibility to see that they are.

EEOC Checklist

  • Compliance with all laws and regulations concerning equal employment opportunity in the workplace
  • Employers who employ 100 or more people must file an EEO report
  • Self monitoring system for discrimination in the hiring process
  • Differentiation of applicants from job seekers per the published definition of an applicant
  • An employer must have a job opening and make the job seeker aware of the opening. The following is the published definition of an applicant:
    1. The job seeker must express interest in the available job opening
    2. The employer considers the individual for employment in a particular position.
    3. The job seeker becomes an applicant if the job seeker meets the minimum requirements for the job.
    4. The job seeker, at no point in the employer's selection process (prior to receiving an offer of employment from the employer) removes him/her self from further consideration, or otherwise indicates that he or she is no longer interested in the position.
  • Application log for each opening must contain:
    • Applicant name
    • Sex
    • Race
    • Date applied
    • Job applied for
    • Requisition number (if used)
    • Location
    • Disposition
    • Disposition reason
    • Step rejected
  • Job posting requirements

These laws all prohibit employment discrimination based on race, color, sex, religion, national origin, age, disability, and prohibit retaliation for opposing job discrimination, filing a charge, or participating in proceedings under these laws.

Obtain and retain the data needed for compliance with an online application system. This system has many advantages to the employer both in efficiency and economically. See www.applicantmanagement.biz, for more information.

If your organization is required to be OFCCP compliance, please see www.ofccpcomply.com.

Candidate Resources, Inc. (CRI) specializes in helping companies meet EEOC and OFCCP Compliance regulations, by providing them with the information needed to ensure they meet the requirements. Our knowledgeable staff can help employers determine whether they have to be compliant and the steps it takes to become compliant, while helping the client maximize the potential of their workforce. For more information, or to discuss compliance regulations or an Applicant Management System, please contact Milt Cotter at or at (972) 641-5494 x 199