How are the people in charge of the EEOC actually picked?
Quick Summary
Yes, the EEOC can continue to function and handle your case even if a member leaves. The leaders are appointed by the President and must be approved by the Senate.
The situation
I am currently living in Ohio and trying to figure out how to file a formal complaint regarding some serious workplace discrimination I faced at my last job. I worked for a large manufacturing company for about three years, from June 2020 until I was unexpectedly let go this past January. I have already spent several weeks researching how to get my case heard, and I keep seeing references to a group called the Equal Employment Opportunity Commission. I am confused about how this organization actually works. For instance, if I want to know who is making the big decisions or who is running the show, how are those leaders chosen? Do they just pick whoever they want, or is there a specific process involving the President or the Senate? I also want to know if the group can still make decisions and handle my case even if one of their main members leaves their position unexpectedly. I am trying to understand if the whole system stops working just because there is an empty seat at the table, or if the remaining people can still keep things moving forward for people like me.
Detailed Analysis
The leaders of the Equal Employment Opportunity Commission (EEOC) are not chosen arbitrarily. The Commission is made up of five members, and the law ensures political balance by stating "not more than three of whom shall be members of the same political party"[1]. To become a member, an individual must be "appointed by the President by and with the advice and consent of the Senate"[1]. This means the President picks a candidate, but the Senate must vote to approve them. These members serve five-year terms[1].
Regarding your concern about the system stopping if someone leaves, the law is designed to prevent a shutdown. If a member leaves their position unexpectedly, "a vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission"[1]. This means the agency can still make big decisions and process your discrimination complaint even with an empty seat. However, for the Commission to officially act, they need a quorum, which is defined as "three members thereof shall constitute a quorum"[1]. As long as at least three members are present, they can keep things moving forward for you.
While the EEOC is a federal agency, please note that state, provincial, or local laws may add further rules regarding employment discrimination, which you should check for your specific situation in Ohio.
Statutory Citations
Legal Citation: Civil Rights Act & Americans with Disabilities Act § 42 U.S.C. § 2000e–4 — Equal Employment Opportunity Commission
"Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years."View Official Legislation →
Legal Citation: Civil Rights Act & Americans with Disabilities Act § 42 U.S.C. § 2000e–4 — Equal Employment Opportunity Commission
"A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
Have a situation like this?
Ask the AI Lawyer app about your specific case.