What type of Employment Law cases do not have to be investigated by the EEOC?
Ramon Martin • June 3, 2024
Alabama EEOC Lawyer
The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws against employment discrimination. However, there are certain types of employment cases that the EEOC does not investigate:
- Small Employers: Employers with fewer than 15 employees (20 for age discrimination cases) are not covered by EEOC laws, and thus the EEOC does not investigate claims against them.
- Independent Contractors: Individuals classified as independent contractors rather than employees are not covered by EEOC protections.
- Non-Federal Government Employees: Certain public sector employees, including most federal sector employees, are not investigated by the EEOC. Federal employees have a separate process for addressing discrimination claims through their agency's Equal Employment Opportunity (EEO) office.
- Union Activities: Issues related to union activities and practices, which fall under the National Labor Relations Board (NLRB) rather than the EEOC.
- Meritless Claims: Claims that do not meet the basic requirements for discrimination under federal laws (e.g., lack of a protected class basis) may not be investigated.
- Untimely Claims: Claims filed outside the statutory time limits (typically 180 days from the date of the alleged discrimination, extended to 300 days if a state or local anti-discrimination law also covers the charge) are not investigated.
- Wrongful Termination or Other Non-Discrimination Issues: Claims related to wrongful termination, unfair treatment, or other employment issues that do not involve discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information are not within the EEOC's purview.
Understanding these limitations helps clarify when and how the EEOC can assist with employment discrimination issues. Contact The Justice Law Firm, LLC today for a FREE consultation.