Interning for the United States Equal Employment Opportunity Commission (EEOC) in the fall of 2011 was truly a career and educational highlight for me. It was informative, fun and engaging and allowed me to make a difference daily in the lives of people who sought the services of the agency. I personally handled over 40 cases, giving each case and the parties involved a unique evaluation of their claim and recommendations on how they could proceed. Some led to formal charges, mediation and even investigation, and some withdrew their claims.

My internship began in early September. I, along with several other interns from across the nation, underwent introductory training from the supervising trial attorney in the office. She gave us reference materials and a presentation on the various federal statutes enforced by the EEOC. We needed to know the scope of each law, to whom it applies, and the requirements for a “prima facie” case – that is, a barebones case that meets the minimum qualifications for a claim under the law. Surprisingly, there is great variation among the laws. For example, Title VII of The Civil Rights Act of 1964, as amended, only applies to employers with 15 or more employees. Not all other laws have the same criteria. I was also taking an employment law class while my internship was going on, so that was even more helpful.

I saw claims of all kinds. Some were legitimate and others were not. Some fell under the agency’s jurisdiction and some did not. For example, claims arising under the Family and Emergency Medical Leave Act of 1993 (FMLA) were referred to the Department of Labor as they are not handled by the EEOC. Different laws are enforced by different agencies.

It’s also important to note that, as I told many charging parties, just because an employer’s treatment is unfair, it is not necessarily illegal. Ironically, federal protection for employees is arguably minimal. Unless the reason for termination or other adverse employment action is violating a federal law, it is not actionable. States, however, are permitted to have greater protections in place, and they do. Each state’s law is different. Many states have gone beyond federal law to provide additional protections for employees from actions by employers. Also, local jurisdictions can have regulations that protect and expand employee rights. The main concept is that employee rights are protected by local, state and federal laws and that, in addition to the EEOC, there are state agencies that enforce state laws. The EEOC only has jurisdiction in federal law cases.

A typical day included arriving at the office around 8:30 am and working until 5 pm or so. We each had our own desk, phone, computer and working materials. We would regularly receive mail-in claims of discrimination. Upon receipt of an initial claim, we would review the claim and contact the party for additional information. If an individual indicated he or she wanted to file a charge it was our responsibility to determine if we needed more information. In these instances, I contacted the charging party to verify the information and gain additional information.

Our day would be spent preparing notices of a charge to an employer, filing the formal charges drafted, and sending the materials to the charging party for signature. Once they are signed and returned to us, their file is updated and completed and then sent to investigation or mediation, as appropriate. The interns also would take turns taking walk-in appointments. Throughout the day, individuals wishing to file charges or meet with an EEOC representative could walk-in and fill out the intake forms and then meet with an investigator. Interns were qualified to do this because of our investigative training. We would meet privately with the individual to discuss their case in detail. We would then give our advice to them but would also advise them of their rights when filing a charge and what they could expect during the process.

These opportunities gave us a chance to educate the public about the federal laws and their scope, as well as the agency’s mission to further the intent of the laws. The EEOC is a neutral fact-finding agency, but it exists to protect those who have had their rights violated by their employer. It does not actually represent individuals, but may take their cases on their behalf. Less than 1% of all cases go to trial, and most are settled through mediation.

I’ll be sure to expand even more on the EEOC’s mission and the day to day activities that go on within its walls in my next post.