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Equal Employment Opportunity Commission: Difference between revisions
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==== Alternative dispute resolution ==== | ==== Alternative dispute resolution ==== | ||
Because all federal agencies are required to offer an [[alternative dispute resolution]],<ref>{{Cite web|title=Alternative Dispute Resolution|url=https://www.law.cornell.edu/wex/alternative_dispute_resolution|access-date=2022-01-27|website=[[Legal Information Institute]]|language=en|archive-date=2023-01-18|archive-url=https://web.archive.org/web/20230118055702/https://www.law.cornell.edu/wex/alternative_dispute_resolution|url-status=live}}</ref> the EEOC offers [[mediation]] with external or internal professional mediators as a voluntary alternative to [[Lawsuit|litigation]], which typically results in faster resolutions.<ref name=":2">{{Cite web|title=Mediation {{!}} U.S. Equal Employment Opportunity Commission|url=https://www.eeoc.gov/mediation|access-date=2022-01-27|website=EEOC|archive-date=2022-01-27|archive-url=https://web.archive.org/web/20220127081340/https://www.eeoc.gov/mediation|url-status=live}}</ref> In the 2020 | Because all federal agencies are required to offer an [[alternative dispute resolution]],<ref>{{Cite web|title=Alternative Dispute Resolution|url=https://www.law.cornell.edu/wex/alternative_dispute_resolution|access-date=2022-01-27|website=[[Legal Information Institute]]|language=en|archive-date=2023-01-18|archive-url=https://web.archive.org/web/20230118055702/https://www.law.cornell.edu/wex/alternative_dispute_resolution|url-status=live}}</ref> the EEOC offers [[mediation]] with external or internal professional mediators as a voluntary alternative to [[Lawsuit|litigation]], which typically results in faster resolutions.<ref name=":2">{{Cite web|title=Mediation {{!}} U.S. Equal Employment Opportunity Commission|url=https://www.eeoc.gov/mediation|access-date=2022-01-27|website=EEOC|archive-date=2022-01-27|archive-url=https://web.archive.org/web/20220127081340/https://www.eeoc.gov/mediation|url-status=live}}</ref> In the 2020 fiscal year (FY), the EEOC reported more than 6,000 mediations conducted recovering nearly half of the $333.2 million in relief from mediation, [[conciliation]], and [[Settlement (litigation)|settlement]].<ref name=":3">{{Cite web|date=2 April 2021|title=EEOC FY 2020 Statistics: EEOC's Recovery on Behalf of Employees Dramatically Increased, Number of Discrimination Charges at All-Time Low|url=https://www.jdsupra.com/legalnews/eeoc-fy-2020-statistics-eeoc-s-recovery-9089875/|access-date=2022-01-27|website=JDSupra|language=en|archive-date=2022-01-28|archive-url=https://web.archive.org/web/20220128053033/https://www.jdsupra.com/legalnews/eeoc-fy-2020-statistics-eeoc-s-recovery-9089875/|url-status=live}}</ref> Mediation is offered, or can be requested, prior to investigation, or after a finding of discrimination has been issued, during conciliation. If the EEOC does not find merit in the charge, they will not offer, nor allow for a request, for mediation.<ref>{{Cite web|title=Questions And Answers About Mediation {{!}} U.S. Equal Employment Opportunity Commission|url=https://www.eeoc.gov/questions-and-answers-about-mediation|access-date=2022-01-27|website=EEOC|archive-date=2022-01-28|archive-url=https://web.archive.org/web/20220128053025/https://www.eeoc.gov/questions-and-answers-about-mediation|url-status=live}}</ref> The average mediation with the EEOC takes three months.<ref name=":2"/> | ||
==== Respondent's position statement and investigation ==== | ==== Respondent's position statement and investigation ==== | ||
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==Staffing, workload, and backlog== | ==Staffing, workload, and backlog== | ||
In 1975, when the backlog reached more than 100,000 charges to be investigated, President [[Gerald Ford]]'s full requested budget of $62 million was approved. A "Backlog Unit" was created in | In 1975, when the backlog reached more than 100,000 charges to be investigated, President [[Gerald Ford]]'s full requested budget of $62 million was approved. A "Backlog Unit" was created in Philadelphia in 1978 to resolve the thousands of federal equal employment complaints inherited from the [[United States Civil Service Commission|Civil Service Commission]]. In 1980, [[Eleanor Holmes Norton]] began re-characterizing the backlog cases as "workload" in her reports to Congress, thus fulfilling her promise to eliminate the backlog.<ref>"Enforcing the Civil Rights Act: Fighting Racism, Sexism and the Ku Klux Klan. The Story of the Miami EEOC's First Class Action Trial." James Keeney, 2012 Civil Rights Publishing, Sarasota, FL</ref> | ||
In June 2006, civil rights and labor union advocates publicly complained that the effectiveness of the EEOC was being undermined by budget and staff cuts and the outsourcing of complaint screening to a private contractor whose workers were poorly trained. In 2006, a partial budget freeze prevented the agency from filling vacant jobs, and its staff had shrunk by nearly 20 percent from 2001. A Bush administration official stated that the cuts had been made because it was necessary to direct more money to defense and homeland security.<ref name="wapo06-13-06">{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2006/06/13/AR2006061301418.html|title=EEOC Is Hobbled, Groups Contend: Case Backlog Grows as Its Staff Is Slashed, Critics Say|last=Lee|first=Christopher|newspaper=Washington Post|date=June 14, 2006|access-date=September 20, 2017|archive-date=November 21, 2016|archive-url=https://web.archive.org/web/20161121134511/http://www.washingtonpost.com/wp-dyn/content/article/2006/06/13/AR2006061301418.html|url-status=live}}</ref> By 2008, the EEOC had lost 25 percent of its staff over the previous eight years, including investigators and lawyers who handle the cases. The number of complaints to investigate grew to 95,400 in fiscal 2008, up 26 percent from 2006.<ref name="WPost20090331">{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2009/03/30/AR2009033002901.html|title=EEOC Willfully Violated Pay Law, Arbitrator Rules|last=Vogel|first=Steve|newspaper=Washington Post|date=March 31, 2009|page=A15|access-date=September 20, 2017|archive-date=March 13, 2017|archive-url=https://web.archive.org/web/20170313065112/http://www.washingtonpost.com/wp-dyn/content/article/2009/03/30/AR2009033002901.html|url-status=live}}</ref> | In June 2006, civil rights and labor union advocates publicly complained that the effectiveness of the EEOC was being undermined by budget and staff cuts and the outsourcing of complaint screening to a private contractor whose workers were poorly trained. In 2006, a partial budget freeze prevented the agency from filling vacant jobs, and its staff had shrunk by nearly 20 percent from 2001. A Bush administration official stated that the cuts had been made because it was necessary to direct more money to defense and homeland security.<ref name="wapo06-13-06">{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2006/06/13/AR2006061301418.html|title=EEOC Is Hobbled, Groups Contend: Case Backlog Grows as Its Staff Is Slashed, Critics Say|last=Lee|first=Christopher|newspaper=Washington Post|date=June 14, 2006|access-date=September 20, 2017|archive-date=November 21, 2016|archive-url=https://web.archive.org/web/20161121134511/http://www.washingtonpost.com/wp-dyn/content/article/2006/06/13/AR2006061301418.html|url-status=live}}</ref> By 2008, the EEOC had lost 25 percent of its staff over the previous eight years, including investigators and lawyers who handle the cases. The number of complaints to investigate grew to 95,400 in fiscal 2008, up 26 percent from 2006.<ref name="WPost20090331">{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2009/03/30/AR2009033002901.html|title=EEOC Willfully Violated Pay Law, Arbitrator Rules|last=Vogel|first=Steve|newspaper=Washington Post|date=March 31, 2009|page=A15|access-date=September 20, 2017|archive-date=March 13, 2017|archive-url=https://web.archive.org/web/20170313065112/http://www.washingtonpost.com/wp-dyn/content/article/2009/03/30/AR2009033002901.html|url-status=live}}</ref> | ||
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| style="border-top-style: none;" | {{zwsp}} | | style="border-top-style: none;" | {{zwsp}} | ||
| style="border-top-style: none;" | August 13, 2001 | | style="border-top-style: none;" | August 13, 2001 | ||
| rowspan="3" | | | rowspan="3" | George W. Bush | ||
|- style="background:#ffe1e1" | |- style="background:#ffe1e1" | ||
| 12 | | 12 | ||
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*<nowiki>https://en.wikisource.org/wiki/Federal_Civil_Penalties_Inflation_Adjustment_Act_of_1990</nowiki> | *<nowiki>https://en.wikisource.org/wiki/Federal_Civil_Penalties_Inflation_Adjustment_Act_of_1990</nowiki> | ||
{{authority control}} | {{authority control}} | ||