1967, as amended (29 U.S.C. 621) in the Federal sector; and

-section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), which pertains to employment discrimination against individuals with disabilities in the Federal Government.

On July 1, 1979, responsibility for enforcement-in private industry as well as in State and local governments-of the Equal Pay Act of 1963 and the Age Discrimination in Employment Act of 1967 was transferred from the Department of Labor to the Commission. The former act prohibits sex-based pay differences where substantially equal work performed in the same establishment under similar working conditions requires equal skill, effort, and responsibility; and the latter prohibits employment discrimination against workers or applicants 40 years of age or older. In addition to employers, the age discrimination act covers activities of employment agencies, and both acts cover activities of labor organizations.

The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 et seq.) was approved on July 26, 1990. Title I of the act has been enforced by EEOC since July 26, 1992, for employers with 25 or more employees, and since July 26, 1994, for employers with 15 or more employees. Title I governs private employers, State and local governments, employment agencies, labor organizations, and joint labormanagement committees. The act prohibits employment discrimination against qualified individuals with disabilities and requires that employers make reasonable accommodations for such qualified individuals if it would not create undue hardship.

The Civil Rights Act of 1991 reversed parts of several U.S. Supreme Court rulings and provided for compensatory and punitive damages for intentional discrimination under Title VII of that act and the ADA.

The Commission operates through 50 field offices, each of which processes charges.

Activities

Enforcement The Commission's field offices receive charges of job discrimination under Title VII, the ADA, the Equal Pay Act of 1963, and the Age Discrimination in Employment Act of 1967. Field offices may initiate investigations to find violations of the acts. Members of the Commission also may initiate charges alleging that a violation of Title VII or the ADA has occurred. Section 501 of the Rehabilitation Act of 1973 covers Federal employees and applicants only. Charges Under Title VII Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin by private employers, State and local governments, and educational institutions with 15 or more employees, or by the Federal Government, private and public employment agencies, labor organizations, and joint labormanagement committees for apprenticeship and training.

Charges of Title VII violations outside of the Federal sector must be filed with the Commission within 180 days of the alleged violation (or up to 300 days in a State or locality in which a fair employment practices agency is located), and the Commission is responsible for notifying persons so charged within 10. days of the receipt of new charge. Before investigation, charges must be deferred for 60 days to a State or local fair employment practices agency in States and municipalities where there is a fair employment practices law covering the alleged discrimination. The deferral period is 120 days if the agency has been operating less than 1 year. Under worksharing agreements executed between the Commission and State and local fair employment practices agencies, the Commission routinely will assume jurisdiction over certain charges of discrimination and proceed with its investigation rather than wait for the expiration of the deferral period.

If there is reasonable cause to believe the charge is true, the district, area, or local office attempts to remedy the alleged unlawful practices through

informal methods of conciliation, conference, and persuasion. If an acceptable conciliation agreement is not secured, the case is submitted to the Commission for possible litigation. If litigation is approved, the Commission will bring suit in an appropriate Federal district court.

Under Title VII, the Attorney General brings suit when a State or local government, or political subdivision is involved. If the Commission or the Attorney General does not approve litigation or if a finding of no reasonable cause is made, at the conclusion of the administrative procedures (or earlier at the request of the charging party) a Notice of Right-to-Sue is issued that allows the charging party to proceed within 90 days in a Federal district court. In appropriate cases, the Commission may intervene in such civil action if the case is of general public interest. The investigation and conciliation of charges having an industrywide or national impact are coordinated or conducted by Systemic Investigations and Individual Compliance Programs, Office of Program Operations.

Under the provisions of Title VII, section 706(f)(2), as amended by section 4 of the Equal Employment Opportunity Act of 1972 (42 U.S.C. 2000e-5), if it is concluded after a preliminary investigation that prompt judicial action is necessary to carry out the purposes of the act, the Commission or the Attorney General, in a case involving a State or local government, governmental agency or political subdivision, may bring an action for appropriate temporary or preliminary relief pending final disposition of a charge. Americans with Disabilities Act Charges The Americans with Disabilities Act of 1990 specifically incorporates the powers, remedies, and procedures contained in Title VII of the Civil Rights Act of 1964. Employment discrimination charges based on disability may be filed at any of the Commission's field offices. The Commission will investigate and attempt to conciliate the charges using the same procedures it uses to investigate and conciliate charges filed under Title VII. The litigation procedures

under this title apply to charges filed under the act.

Age Discrimination in Employment or Equal Pay Act Charges and Complaints The age discrimination in employment and equal pay acts cover most employees and job applicants in private industry and Federal, State, and local governments.

An age discrimination charge must be filed with the Commission within 180 days of the alleged violation or, in a case where the alleged discriminatory action took place in a State which has its own age discrimination law and authority administering that law, within 300 days of the alleged violation or 30 days after the receipt of a notice of termination of State proceedings, whichever is earlier. A lawsuit must be filed within 2 years of the discriminatory act or 3 years in cases of a willful violation of the law. Under the Civil Rights Act of 1991, a lawsuit must be filed within 90 days of the plaintiff's receipt of notice of final action. The Commission will attempt to eliminate the unlawful practice through informal methods of conciliation, conference, and persuasion. A lawsuit may be brought by the Commission if conciliation fails, or individuals may file suit on their own behalf 90 days after filing a charge with the Commission and the appropriate State agency. Should the Commission take legal action, an individual covered by such action may not file a private suit. If an individual files a complaint of age discrimination, his or her name will be kept confidential, but the individual filing the complaint may not bring a private suit unless he or she elects to file a charge first in accordance with the above requirements.

A lawsuit under the Equal Pay Act of 1963 may be filed by the Commission or by the complainant. There are no prerequisites to individual actions under this law. Wages may be recovered for a period of up to 2 years prior to the filing of a suit, except in the case of willful violation, where 3 years' backpay may be recovered. The name of the individual filing the complaint may be kept confidential at the administrative level.

Complaints Against the Federal Government On April 10, 1992, the Commission published new Federal sector processing regulations codified in 29 CFR 1614, effective October 1, 1992. Federal employees or job applicants who want to file complaints of job discrimination based on race, color, national origin, sex, religion, age, or physical or mental disability must first consult an equal employment opportunity counselor within their agency within 45 calendar days of the alleged discriminatory event or the effective date of the alleged discriminatory personnel action. If the complaint cannot be resolved informally, the person may file a formal complaint within 15 calendar days after the date of receipt of the notice of the right to file a complaint.

An accepted complaint is investigated by the agency and there is a right to a hearing before an EEOC administrative judge before the agency issues its final decision. An individual who wishes to file a complaint under the Equal Pay Act of 1963 must now follow these procedures. An individual may also elect to file suit under the Equal Pay Act of 1963 without prior resort to the agency or to the Commission.

A complaint under the Age Discrimination in Employment Act of 1967 against a Federal agency or department must be filed with the head of the agency, director of equal employment opportunity, head of a field installation, or such other officials as the agency may designate. Federal-sector age discrimination complainants may bypass the administrative complaint process and file a civil action directly in a U.S. district court by first notifying the Commission within 180 calendar days of the alleged discriminatory act and thereafter waiting 30 calendar days before filing suit.

Federal employees may file appeals of final agency decisions or decisions of an arbitrator or the Federal Labor Relations Authority with the Commission's Office of Federal Operations at any time up to 30 calendar days after receipt of the agency notice of final decision. A petition for review of a Merit Systems

Protection Board decision may be filed within 30 days of the date that the Board decision becomes final. A request for reopening and reconsideration of any decision of the Commission should be made in writing within 30 days of receipt of such decision. Office of Federal Operations decisions are issued in writing to the complainant, complainant's representative, and the agency. The Office monitors and ensures compliance by Federal agencies with Commission orders and appellate decisions, and provides technical assistance and training to other Federal agencies.

Other Activities The Commission actively promotes voluntary compliance with equal employment opportunity statutes through a variety of educational and technical assistance activities. A distinct activity of the Commission is the Voluntary Assistance Program. This outreach program is designed to provide educational and technical assistance to small and midsize employers and unions-through 1-day seminars on equal employment opportunity lawsabout their rights and obligations under all the statutes that the Commission enforces.

Another activity initiated by the Commission is the Expanded Presence Program, which is designed to make the Commission accessible in areas identified as underserved by Commission offices.

In addition to conducting on-site consultations, EEOC co-hosts an annual Federal Dispute Resolution Conference which provides a forum for Federal agencies to meet and exchange ideas on resolving disputes.

Through its Educational Technical Assistance and Training Revolving Fund, the Commission is also able to provide its constituency with advanced and specialized technical assistance offerings. Fees charged for Revolving Fund products are not to exceed the cost of producing the materials or services provided, are to bear a direct

relationship to the cost of providing such. outreach, and are to be imposed on a uniform basis.