Directed Investigations

While most investigations by the U.S. Equal Employment Opportunity Commission (EEOC or Commission) are initiated by a charge of discrimination filed by individual members of the public, Congress also authorized the EEOC to conduct “directed investigations” in certain cases.[i] The following are answers to some common questions about directed investigations.

1.  What is a directed investigation?

A directed investigation is a process through which the EEOC investigates employers, labor organizations, or employment agencies (covered entities) for possible discrimination without a charge of discrimination filed by an individual. Congress authorized the EEOC to investigate possible age-based discrimination under the Age Discrimination in Employment Act (ADEA) and sex-based pay discrimination under the Equal Pay Act (EPA) through directed investigations.[ii]

2.  How is a directed investigation initiated?

Directed investigations are typically initiated on behalf of the Commission by EEOC district directors, who may learn of a potential violation from an EEOC field office or from a member of the public. District directors initiate a directed investigation by sending correspondence notifying the covered entity that the EEOC intends to conduct an investigation to determine the covered entity’s compliance with the ADEA or the EPA. The EEOC then investigates the allegations as it would any other charge. 

3.  If the EEOC initiates a directed investigation, does that mean that the EEOC has already concluded that the covered entity has violated the law?

No, it only means that the EEOC has decided to conduct an investigation. Once the EEOC completes its investigation, it will determine whether the evidence indicates reasonable cause to believe the covered entity violated a law that the EEOC enforces. If the EEOC finds reasonable cause to believe discrimination occurred, it may offer the covered entity an opportunity to resolve the matter voluntarily, through conciliation. If the EEOC is unable to reach a voluntary resolution, it will notify the covered entity in writing and may also bring a civil lawsuit against the covered entity or issue aggrieved individuals a right-to-sue notice and close the investigation.

4.  How does the EEOC conduct directed investigations?

The EEOC conducts directed investigations the same way it investigates charges filed by a member of the public. Investigations may involve requests for information, witness interviews, fact-finding conferences, or onsite visits.[iii]  As with investigations initiated by charges filed by individuals, the EEOC has the authority to issue administrative subpoenas and seek judicial enforcement when necessary. However, the covered entity does not have the right to petition the Commission to revoke or modify a subpoena in ADEA or EPA directed investigations.

5.  Are directed investigations eligible for mediation?

No, directed investigations are excluded from the Commission’s mediation program. However, directed investigations can be settled during the administrative process, either before or after an EEOC reasonable cause determination.

6.  How often does the EEOC use directed investigations?

From fiscal year 2015 through fiscal year 2024, the median number of new directed investigations addressing allegations under the ADEA and/or the EPA was 49 per year. These charges represent a very small proportion – far less than 1% – of the EEOC’s charge volume each fiscal year.  

7.  How often does a directed investigation result in an EEOC lawsuit?

From fiscal year 2015 through fiscal year 2024, the EEOC filed a total of 8 lawsuits based on a directed investigation, or an average of less than 1 lawsuit per year.

[i] 29 U.S.C. § 626; 29 U.S.C. § 211(a).

[ii] See 29 U.S.C. § 626 (the EEOC “shall have the power to make investigations.”); 29 U.S.C. § 211(a) (the EEOC “may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter.”).

[iii] See generally, 29 C.F.R. § 1601.14; 29 C.F.R. § 1601.15.