COMMISSION ISSUES GUIDANCE ON HOW TO COUNT EMPLOYEES FOR JURISDICTIONAL PURPOSES

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has issued Enforcement Guidance on how to determine when an employer has a sufficient number of employees to be covered under the laws enforced by the agency. The guidance is issued in light of the U.S. Supreme Court's decision in Equal Employment Opportunity Commission & Walters v. Metropolitan Educational Enterprises, Inc.

The guidance analyzes the Supreme Court's ruling and its impact on the EEOC's processing of employment discrimination charges in both the private and federal sectors. It provides instructions on how to analyze charges if an employer alleges that some workers are not employees and/or alleges that it has fewer than the jurisdictional prerequisite of employees. Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act cover employers with 15 or more employees, while the Age Discrimination in Employment Act covers employers with 20 or more employees.

EEOC Chairman Gilbert Casellas said, "This Enforcement Guidance provides easily understood instructions on how to count employees and determine whether jurisdictional thresholds have been met. It will prove helpful to employers, employees, and EEOC field offices in determining whether particular employers are covered by the civil rights laws."

The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Age Discrimination in Employment Act of 1967, which prohibits employment discrimination against individuals 40 years of age and older; Title I of the Americans with Disabilities Act of 1990, which prohibits employment discrimination against individuals with disabilities; prohibitions against discrimination affecting individuals with disabilities in the federal government; the Equal Pay Act of 1963; and sections of the Civil Rights Act of 1991.