The U.S. Equal Employment Opportunity Commission (EEOC) primarily investigates discrimination charges filed by individuals. However, Commissioners also possess the authority to initiate charges, offering a crucial mechanism for addressing systemic discrimination. These are often referred to as “Commissioner charges.” Let’s delve into the specifics of what constitutes a Commissioner charge and how it functions.
Defining a Commissioner Charge
A Commissioner charge is a formal allegation of discrimination initiated by a Commissioner of the EEOC. This authority extends to violations under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Pregnant Workers Fairness Act (PWFA). It allows the EEOC to proactively address potential widespread discriminatory practices that might not be captured through individual complaints alone.
Initiation of a Commissioner Charge
Several avenues can lead to the initiation of a Commissioner charge. EEOC field offices may propose a charge based on discoveries made during an existing investigation, revealing violations beyond the original complaint’s scope. External sources, such as individuals, organizations, or other agencies like Fair Employment Practices Agencies (FEPAs) or Tribal Employment Rights Offices (TEROs), can also submit information suggesting a potential violation to the EEOC. Ultimately, a Commissioner can also initiate a charge based on their own observations or knowledge of potential discriminatory practices. The pivotal step is the Commissioner’s signature on the charge, formally launching the process.
Essential Information Required
A Commissioner charge must adhere to the same stringent requirements as any other charge filed with the EEOC. This includes providing the name and contact information of the entity under investigation (employer, labor organization, or employment agency), as well as an estimate of the number of employees or members involved. Critically, the charge must include “a clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices.” The charge must be a written, signed, and verified document.
Processing a Commissioner Charge
The processing of a Commissioner charge differs slightly depending on its origin. Proposals originating from EEOC field offices are typically submitted to Commissioners on a rotating basis. Once a Commissioner signs the charge, the rotation ceases, and the signed charge is assigned to a field office for investigation. If no Commissioner signs the proposed charge after review, the process concludes without a formal charge being issued. Commissioner charges initiated by a Commissioner are usually reviewed by the Office of Field Programs (OFP) before being signed by the Commissioner. The OFP then assigns the charge to a field office for investigation.
Implications of a Commissioner Charge
It’s crucial to understand that the issuance of a Commissioner charge does not signify that the EEOC has already determined a violation has occurred. It simply indicates that the presented facts warrant a thorough investigation. The assigned EEOC field office will conduct an investigation to determine if there is reasonable cause to believe that the covered entity violated the law as alleged.
If reasonable cause is found, the EEOC will offer the covered entity an opportunity to resolve the matter through conciliation. If a voluntary resolution cannot be reached, the EEOC will notify the entity in writing and may either file a civil lawsuit or issue the aggrieved individuals a right-to-sue notice, allowing them to pursue their own legal action.
Investigative Procedures
EEOC field offices investigate Commissioner charges using the same methods employed for charges filed by members of the public. This can include requests for information, witness interviews, fact-finding conferences, and on-site visits. The EEOC possesses the authority to issue administrative subpoenas and seek judicial enforcement when necessary, ensuring a comprehensive investigation.
A Commissioner who signed a charge can withdraw it prior to a determination of reasonable cause, but only with the Commission’s consent. The Commission may withdraw a charge filed by a former Commissioner if it determines that further processing would not serve the purposes of Title VII, the ADA, GINA, or the PWFA. A Commissioner charge filed on behalf of an aggrieved individual cannot be withdrawn unless the individual submits a written request to the Commission.
Mediation and Commissioner Involvement
Commissioner charges are not eligible for the EEOC’s mediation program. However, settlements can be reached during the administrative process, both before and after a reasonable cause determination by the EEOC. Commissioners themselves do not participate in the investigation, settlement, determination, or conciliation of a Commissioner charge. EEOC regulations explicitly require the Commissioner who signed the charge to abstain from making a determination in the case, ensuring impartiality. The OFP will notify the initiating Commissioner when a Commissioner charge is resolved.
Frequency of Commissioner Charges
Commissioner charges represent a relatively small proportion of the EEOC’s overall workload. From fiscal year 2015 through fiscal year 2024, the median number of new Commissioner charges addressing allegations under Title VII, the ADA, GINA, and/or the PWFA was approximately 14.5 per year, representing less than 1% of the EEOC’s total charge volume.
| FY 2020 | FY 2021 | FY 2022 | FY 2023 | FY 2024 | Total | |
|---|---|---|---|---|---|---|
| Charlotte A. Burrows | 1 | 2 | 8 | 8 | 9 | 28 |
| Jocelyn Samuels | — | 1 | 8 | 11 | 4 | 24 |
| Keith E. Sonderling | — | 0 | 1 | 0 | 1 | 2 |
| Andrea R. Lucas | — | 0 | 12 | 15 | 11 | 38 |
| Kalpana Kotagal | — | — | — | 1 | 8 | 9 |
| Janet Dhillon | 1 | 0 | 0 | — | — | 1 |
| Victoria Lipnic | 1 | — | — | — | — | 1 |
| Total: | 3 | 3 | 29 | 35 | 33 |
Lawsuits Resulting from Commissioner Charges
The EEOC files a relatively small number of lawsuits based on Commissioner charges. From fiscal year 2015 through fiscal year 2024, the EEOC filed a total of 8 lawsuits based on Commissioner charges, averaging less than 1 lawsuit per year.
In conclusion, Commissioner charges serve as a vital tool for the EEOC to proactively address potential systemic discrimination. While they represent a small portion of the EEOC’s overall workload, they play a crucial role in ensuring fair employment practices and upholding anti-discrimination laws.
