The Intersection of WSHRC and EEOC
The EEOC formally opened its doors in 1965 and maintains its headquarters in Washington D.C.; it also carries out its work through 53 field offices serving every part of the United States.
The WSHRC maintains its headquarters in Olympia, Washington and its district offices in E. Wenatchee, Everett, Spokane, Vancouver, and Spokane.
The EEOC coined the term "Fair Employment Practices Agencies" -- or “FEPA.” FEPAs are state and local (i.e., counties, cities, and towns) governments within the U.S. that have anti-discrimination laws and associated enforcement agencies. See EEOC Official Website --> Employees & Applicants, last visited 3/27/18.
The EEOC has designated the Washington State Human Rights Commission as a FEPA. See EEOC Official Website --> State and Local Agencies, last visited 3/27/18.
The EEOC may enter into worksharing agreements with FEPAs. According to the Official EEOC Website:
When an individual initially files with a FEPA that has a worksharing agreement with the EEOC, and the allegation is covered by a law enforced by the EEOC, the FEPA will dual file the charge with EEOC (meaning EEOC will receive a copy of the charge), but will usually retain the charge for processing. If the charge is initially filed with EEOC and the charge is also covered by state or local law, EEOC dual files the charge with the state or local FEPA (meaning the FEPA will receive a copy of the charge), but ordinarily retains the charge for processing
EEOC Official Website --> fepa, last visited 3/27/18. Typically, worksharing agreements include, but are not limited, some or all of the following provisions: (1) Filing of Charges of Discrimination; (2) Division of Initial Charge-Processing Responsibilities; (3) Exchange of Information; (4) Resolution of Charges; (5) Implementation of the Agreement. Id.Because the WSHRC is a FEPA subject to a Worksharing Agreement with the EEOC, there are special rules that apply to (1) filing charges and (2) EEOC review of FEPA decisions.
(1) Filing Charges
In Washington State, the following applies to the filing of charges in either the WSHRC or the EEOC:
You can file your charge with either the EEOC or with a Fair Employment Practices Agency [such as the WSHRC]. When an individual initially files with a FEPA that has a worksharing agreement with the EEOC, and the allegation is covered by a law enforced by the EEOC, the FEPA will dual file the charge with EEOC (meaning EEOC will receive a copy of the charge), but will usually retain the charge for processing. If the charge is initially filed with EEOC and the charge is also covered by state or local law, EEOC dual files the charge with the state or local FEPA (meaning the FEPA will receive a copy of the charge), but ordinarily retains the charge for processing.
EEOC Official Website --> fepa, last visited 3/27/18. Thus, individuals in Washington State may file a charge of discrimination with either the EEOC, the WSHRC, or any other appropriate FEPA within the state (NOTE: some WA State local governmental entities maintain departments that are also designated by the EEOC as FEPAs).(2) Reviewing FEPA Decisions
The following typically applies to EEOC review of WSHRC decisions:
[A] Charging Party may request that the EEOC review the determination of the ... [WSHRC]. EEOC does not review decisions by non-contract FEPAs. The EEOC will conduct a review only if the request is submitted in writing within fifteen (15) days of receipt of ... [WSHRCs] determination. If we receive your request for a review after the 15 day time frame, it will be considered untimely and the EEOC may not conduct a review. The request should also include the reason why the Charging Party is requesting the review (e.g. relevant witnesses not contacted, evidence not considered, or presence of new evidence).
See id., last visited 3/27/18. Thus, because the WSHRC is a FEPA with a Worksharing Agreement with the EEOC, the EEOC may review WSHRC decisions if the above procedural requirements are met.Learn More
