The Equal Employment Opportunity Commission (EEOC) enforces six statutes prohibiting discrimination in employment. Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination on the basis of race, color, sex, religion, or national origin. The Equal Pay Act of 1963, as amended, prohibits the payment of different wages to women and men working in the same establishment, performing equal work that requires equal skill, effort, and responsibility under similar working conditions, unless the pay differential is based on factor(s) other than sex. The Age Discrimination in Employment Act of 1967, as amended (ADEA), prohibits employment discrimination on the basis of age against people age 40 and older. Title I of the Americans with Disabilities Act of 1990, as amended (ADA), prohibits employment discrimination against qualified individuals with disabilities. Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, prohibit Federal agencies from discrimination in employment against qualified individuals with disabilities and require agencies to accommodate the special needs of persons with disabilities. The Government Employee Rights Act of 1991 extends protections against employment discrimination to certain employees who were not previously covered.
The mission of the agency is to ensure equality of opportunity by vigorously enforcing Federal legislation prohibiting discrimination in employment. Enforcement is accomplished through investigation, conciliation, alternative methods of dispute resolution, litigation, coordination, and regulation, as well as by education, policy research, and technical assistance. In pursuing its mission of eradicating discrimination in the workplace, the Commission intends that its enforcement be certain and predictable, and that its remedies be preventive and remedial in scope.
One important step toward these ends is to make sure that employees, employers, and union representatives understand their rights and obligations under the Federal laws prohibiting employment discrimination. In accordance with the President's national regulatory principles, EEOC develops regulations necessary to inform employees and employers of their rights and obligations under the statutes it enforces. EEOC further educates the public on an ongoing and proactive basis, through interpretive guidelines, policy documents, management directives, and other public guidance programs.
EEOC is currently considering two significant actions of a regulatory nature, which would be published for public comment. The Commission is considering issuing guidelines on the requirements of title I of the ADA in the context of employer provided health insurance. Clear and comprehensive guidelines will reduce confusion and uncertainty on the part of insurers, employers, and individuals with disabilities as to the application of the ADA to various health insurance provisions and practices. In addition to helping employers understand the scope of their nondiscrimination responsibilities and ensuring that individuals with disabilities are protected from prohibited discrimination, these guidelines will provide a source of guidance for the courts, thus helping to ensure uniform enforcement of the ADA.
The Commission is also considering issuing regulatory guidance on title II of the Older Workers Benefit Protection Act of 1990, which amended the ADEA to permit knowing and voluntary unsupervised waivers of rights and claims arising under the Act. Representatives of both the employer and employee communities have strongly demonstrated their interest in the issuance of additional guidance in this area. As part of the development of a regulation on waivers under the ADEA, the Commission has engaged in a regulatory negotiation and obtained a consensus recommendation to the Commission. The Commissioners approved the recommendation unanimously on October 9, 1996.
(Consistent with section 4(c) of Executive Order 12866, this statement was reviewed and approved by the Chairman of the agency. The statement has not been reviewed or approved by the other members of the Commission.)