What is the difference between an EEO and EEOC complaint?
Ramon Martin • October 17, 2023
Alabama Employment Law Attorney
EEO and EEOC complaints are related to employment discrimination, but they are different in terms of their scope and the entities involved:
- EEO (Equal Employment Opportunity) Complaint:
- An EEO complaint is typically the initial step taken by an employee or job applicant who believes they have been subjected to discrimination in the workplace.
- The EEO complaint process is applicable to Federal employees and Federal employers.
- It is filed directly with the employer, usually the company or organization where the alleged discrimination occurred.
- The purpose of an EEO complaint is to address the issue within the organization and resolve it through internal processes.
- It can cover various forms of discrimination, including race, color, national origin, sex, religion, age, disability, and other protected characteristics.
- EEOC (Equal Employment Opportunity Commission) Complaint:
- An EEOC complaint is a formal complaint filed with the federal agency responsible for enforcing federal anti-discrimination laws in the United States, the Equal Employment Opportunity Commission (EEOC).
- The EEOC complaint process is applicable to non-Federal employees and non-Federal employers.
- It is typically filed when the employee or job applicant is not satisfied with the resolution or response from their employer after filing an EEO complaint.
- The EEOC investigates the complaint to determine if there is evidence of discrimination or violation of federal anti-discrimination laws.
- If the EEOC finds merit in the complaint, they may attempt to mediate a resolution between the parties, or the complainant may receive a right-to-sue letter, which allows them to take their case to court if they choose to do so.
In summary, the main difference between an EEO complaint and an EEOC complaint is the status of the employee and employer as Federal or non-Federal. EEO complaints are filed within an organization, aiming to resolve the issue internally, while EEOC complaints are filed with the federal agency responsible for investigating and enforcing anti-discrimination laws, and they can lead to legal action if necessary. EEOC complaints are typically a step taken after exhausting the internal processes provided by the employer.
Contact attorney Ramon Martin of The Justice Law Firm, LLC today for a
FREE consultation.