Employment Discrimination_Title VII of the Civil Rights Act of 1964

Published on AidPage by IDILOGIC on Jun 24, 2005

Administered by:

US Federal Government Agency (see all agencies)
Equal Employment Opportunity Commission
CFDA #: 30.001

Purpose of this program:

To provide for education, technical assistance and enforcement of the Federal prohibition against employment discrimination in the private and public sector based on race, color, religion, sex, national origin, age, and disability.

Possible uses and use restrictions...

Charges of discriminatory employment practices by or on behalf of an individual or group of individuals claiming to be aggrieved are received. Mediation of the dispute may be offered. If mediation is not used or is not successful, investigations ensue and if reasonable cause is found, the charge is conciliated. If conciliation proves to be unsuccessful and the employer is not a State or local government, the Commission may bring a civil action against respondent(s) named in the charge. If conciliation fails on a charge against a State or local government, EEOC refers the case to the Department of Justice for consideration of litigation or issuance of a Right to Sue letter.

Who is eligible to apply...

Any aggrieved individual, or any individual, labor union, association, legal representative, or organization filing on behalf of an aggrieved individual, who has reason to believe that an unlawful employment practice within the meaning of Title VII, as amended, has been committed by an employer with 15 or more employees, an employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining.

Eligible Applicant Categories:
Eligible Functional Categories:
Credentials/Documentation

An allegation of unlawful employment practice(s) may be made in person or by mail. An allegation must be in writing, signed, and notarized (only when necessary to meet State and local requirements) or supported by an unsworn declaration in writing under penalty of perjury. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from all field offices of the Commission.

Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.

About this section:

This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy. For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree, 3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible. Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they must satisfy.

Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs, the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.

How to apply...

Application Procedure:

A charge may be filed by any aggrieved individual, any individual on behalf of an aggrieved individual, or by any organization, i.e., labor union, association, legal representative, etc., either as an aggrieved entity or on behalf of an aggrieved individual. Charges may be filed either orally or in writing with the appropriate field office of the EEOC.

Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.

Award Procedure:

A charge is sufficient when the Commission receives from the person making the charge a written statement sufficiently precise to identify the parties and to describe generally the action or practices complained of.

Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check. Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office, or by an authorized county office. The assistance may pass through the initial applicant for further distribution by intermediate level applicants to groups or individuals in the private sector.

Deadlines and process...

Deadlines

Individuals with complaints or desiring to bring their own suit under the Act must file a charge of discrimination alleging discrimination with the EEOC within 180 days of the alleged unlawful practice (or within 300 days if there is a State or local agency with its own discrimination law and authority to grant relief.) When EEOC completes its investigation without obtaining relief for persons covered by a charge, covered persons will be given written notice of their right to sue. Persons can also request a notice of right to sue before EEOC finishes its investigation after the charge has been on file 180 days. (When a right to sue is issued on request, EEOC usually stops investigating). Suit must be brought within 90 days of receipt of the notice of right to sue.

Note: When available, this section indicates the deadlines for applications to the funding agency which will be stated in terms of the date(s) or between what dates the application should be received. When not available, applicants should contact the funding agency for deadline information.

Range of Approval/Disapproval Time

Not applicable.

Preapplication Coordination

None. This program is excluded from coverage under E.O. 12372.

Note: This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units prior to the submission of a formal application to the federal funding agency.

Appeals

None.

Note: In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).

Renewals

Not applicable.

Note: In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.

Who can benefit...

Applicants, current employees, and former employees of the named respondent(s) in a charge who have been subjected to unlawful employment practices.

Beneficiaries
About this section:

This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.

What types of assistance...

Advisory Services and Counseling

Programs which provide Federal specialists to consult, advise, or counsel communities or individuals to include conferences, workshops, or personal contacts. This may involve the use of published information, but only in a secondary capacity.

Investigation of Complaints

Federal administrative agency activities that are initiated in response to requests, either formal or informal, to examine or investigate claims of violations of Federal statutes, policies, or procedure. The origination of such claims must come from outside the Federal government.

How much financial aid...

Range and Average of Financial Assistance

Not applicable.

Note: This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.

Obligations

(Salaries and expenses) (Includes obligations for programs 30.008 and 30.010.) FY 02 $310,073,939 FY 03 est $323,516,000; and FY 04 est $352,624,000 (Note: FY 04 includes employee pension and annuitant health benefits accrual)

Note: The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.

Account Identification

45-0100-0-1-751.

Note: Note: This 11-digit budget account identification code represents the account which funds a particular program. This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.

Examples of funded projects...

Not applicable.

About this section

This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.

Program accomplishments...

In fiscal year 2002, received 50,425 charges to process and resolved 56,392 which monetarily benefited 7,995 persons in the sum of $141,655,446. In fiscal year 2002 for all statutes which EEOC has legislative responsibility to enforce, EEOC filed 364 suits and resolved 361 suits by consent decree, settlement or judgment, with a benefit sum of $52,845,499 in monetary relief which benefited more than 929 victims of employment discrimination. The filed and resolved suits included direct, intervention, administrative settlement enforcement and preliminary relief. In fiscal year 2002, filed 92 appellate briefs ,including 43 as amicus curiae filed in the courts of appeal and Supreme Court. In fiscal year 2002, EEOC filed 260 lawsuits on the merits raising Title VII issues either as a sole statute or concurrent with other statutes and resolved 253 merit suits by consent decree, settlement agreement or judgment, with a direct monetary benefit of $39,247,791. Projected data are unavailable for fiscal years 2003 and 2004. (Litigation and systemic data are for programs 30.001, 30.008, 30.010 and 30.011 combined.)

Criteria for selecting proposals...

Not applicable.

Assistance considerations...

Length and Time Phasing of Assistance

Not applicable.

Formula and Matching Requirements

Not applicable.

Note:
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.

Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.

In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.

Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.

Post assistance requirements...

Reports

Not applicable.

Note: This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.

Audits

Not applicable.

Note: This section discusses audits required by the Federal agency. The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133. These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year, as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period, rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).

Records

Not applicable.

Note: This section indicates the record retention requirements and the type of records the Federal agency may require. Not included are the normally imposed requirements of the General Accounting Office. For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C. For other programs, record retention is governed by the funding agency's requirements.

Regulations...

Authorization

Civil Rights Act of 1964, Title VII, as amended, Public Laws 88-352 and 92-261, 42 U.S.C. 2000e-5; Civil Rights Act of 1991, Public Law 102-166.

Note: This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).

Regulations, Guidelines, And Literature

Publications are furnished free in limited quantities. Procedural Regulations and Guidelines, 29 C.F.R. Part 1600; Guidelines on Discrimination because Of Sex, 29 C.F.R. Part 1604; Guidelines on Discrimination because of Religion, 29 C.F.R. Part 1605; Guidelines on Discrimination because of National Origin, 29 C.F.R. Part 1606.Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors; Enforcement Guidance: Compensatory and Punitive Damages Available under 102 of the Civil Rights Act of 1991; Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms; Compliance Manual Section: "Retaliation"; Compliance Manual Section: "Compensation Discrimination"; Compliance Manual Section: "Threshold Issues"; Compliance Manual Section: "Employee Benefits" as revised, August 20, 2001. Contact: (202) 663-4900 (Voice) or (202) 663-4494 (TTY) and 1-800-669-3362 (Voice) or 1-800-800-3302 TTY). EEOC Web Site: http://www.eeoc.gov, Communications Staff, Office of Communications and Legislative Affairs, EEOC, 1801 L Street, NW., Washington, DC 20507.

Contact information...

Web Sites
Regional Or Local Office

Any EEOC office listed in Additional Contact Information - FMR Help.

Note: This section lists the agency contact person, address and telephone number of the Federal Regional or Local Office(s) to be contacted for detailed information regarding a program such as: (1) current availability of funds and the likelihood of receiving assistance within a given period; (2) pre-application and application forms required; (3) whether a pre-application conference is recommended; (4) assistance available in preparation of applications; (5) whether funding decisions are made at the headquarters, regional or local level; (6) application renewal procedures (including continuations and supplementals) or appeal procedures for rejected applications; and (7) recently published program guidelines and material. However, for most federal programs, this section will instruct the reader to consult the so-called Appendix IV of the Catalog due to the large volume of Regional and Local Office Contacts for most agencies. This information is provided in Additional Contact Information (see below).

Headquarters Office

Contact: Communications Staff, Office of Communications and Legislative Affairs, Equal Employment Opportunity Commission, 1801 L Street, NW., Washington, DC 20507. Telephone: 202-663-4900 (Voice) or 202-663-4494 (TTY).

Note: This section lists names and addresses of the office at the headquarters level with direct operational responsibility for managing a program. A telephone number is provided in cases where a Regional or Local Office is not normally able to answer detailed inquiries concerning a program. Also listed are the name(s) and telephone number(s) of the information contact person(s) who can provide additional program information to applicants.

Additional Contact Information (Appendix IV)

Due to the large volume of regional and local office contacts for most agencies, full contact information is also provided separately here in a PDF format: