Filing an ADA Employment Discrimination Charge:
Making It Work for You
Glossary of Terms
Administrative charge: In the case of the employment section (Title I) of the ADA, individuals who believe they have been subject to disability-based employment discrimination may file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or a state or local anti-discrimination agency. Subsequently, they may file a lawsuit but first they must file a charge with one of these administrative agencies. Such charges are referred to as administrative charges.
Administrative closures: These are charges that have been closed without a determination about the merits of the charge. There are various reasons for administrative closures, among them: lack of jurisdiction by the EEOC or a state or local Fair Employment Practice Agency (FEPA), failure to cooperate by the complainant, a determination that the employer has too few employees to be covered by the ADA, inability to locate the complainant, a determination that the complainant is not a qualified individual with a disability, or a request by the individual who filed the charge for a "right-to-sue" letter that is needed to file a lawsuit in court.
Charge priority policy: This is a policy of the EEOC requiring all charges to be prioritized during or shortly after the charge receipt interview. Charges are to be placed into one of three categories: (1) Category "A," that includes charges that fall within the EEOC's national or local enforcement plans, charges that are likely to result in a finding by the EEOC that there is strong evidence of illegal discrimination, and charges where severe harm may result unless processing is expedited; (2) Category "B," that includes charges that require additional evidence to determine whether they are likely to result in a finding by the EEOC that there is strong evidence of illegal discrimination; and (3) Category "C," that includes charges for which the agency has no jurisdiction, self-defeating charges, allegations that are not credible, and other charges where additional investigation is not likely to result in a cause finding. EEOC field offices are required to conduct appropriate investigations of "A" charges, as resources permit. With Category "B" charges, additional investigation is to be conducted, as resources permit, to decide whether they should be placed into Category "A" and given priority status or placed into Category "C" and dismissed. Category "C" charges are to be dismissed when the office has sufficient information from which to conclude that it is not likely that further investigation will result in a cause finding.
Charge receipt interview: Charges can be filed in person or by telephone or mail. If you go to or call an office, an interview with an investigator is involved. The interview is referred to as a "charge receipt interview". During the charge receipt interview, the investigator will inquire about your background and work experience, the type of business and approximate size of the employer in question, and details about how the employer discriminated against you. If there were witnesses, their names, addresses, and telephone numbers will usually be noted by the investigator. Charge receipt interviews can last from one to several hours.
Conciliation: This refers to informal persuasion by an EEOC or FEPA investigator with the parties aimed at facilitating settlements.
Conciliation agreements: These are formal, written agreements between complainants and employers entered into after an investigation shows that there is reasonable cause to believe that discrimination occurred.
Employment discrimination: Under the ADA, employment discrimination includes discrimination in job application procedures, hiring, firing, advancement, compensation, fringe benefits, and job training.
Fair Employment Practice Agencies: FEPAs are state or local agencies that investigate charges of discrimination. The EEOC has contracted with many of these agencies to receive and investigate charges brought under the ADA. There are 120 FEPAs located in 47 states, the District of Columbia, Puerto Rico, and the Virgin Islands.
Individual with a disability: The ADA defines an individual with a disability as an individual who "has a physical or mental impairment that substantially limits one or more of his/her major life activities; has a record of such an impairment; or is regarded as having such an impairment."
Letter of determination: Before a charge is closed, the EEOC field office or FEPA is required to send a "Letter of Determination" to the individual bringing the charge and the employer. Such letters state whether the investigation has or has not found reasonable cause to believe that discrimination occurred.
Mediation: Mediation is an alternative type of dispute resolution procedure offered by the EEOC soon after receiving a charge of discrimination. The goal of mediation is to achieve resolution without lengthy investigations or a lawsuit. Under the EEOC's mediation program, selected charges are removed from the regular pool of charges and the parties are invited to meet together with a third party the mediator to discuss their problems and develop their own solutions. Participation is strictly voluntary on both sides.
No cause determinations: These are determinations by the EEOC or a FEPA that there is not reasonable cause to believe that discrimination occurred.
Pending cases: These are charges that have been filed with the EEOC or a FEPA which have not yet been resolved. Most EEOC offices and FEPAs have large backlogs of pending cases.
Prioritizing charges: EEOC policies require field offices to formally prioritize charges soon after they are filed. Only charges appearing especially strong are to receive full investigations. Although most FEPAs do not have formal charge priority policies, they too probably informally prioritize investigations based on the apparent strength of charges.
Qualified individual with a disability: A qualified individual with a disability means an employee or applicant with a disability who has the necessary skill, education, experience and other job-related requirements to perform the essential functions of a position.
Reasonable accommodations: Under Title I of the ADA, employers must provide reasonable accommodations to qualified individuals with disabilities. Accommodations are changes to the work environment or the way things are usually done that allow an individual with a disability to enjoy equal employment opportunities. There are many reasonable accommodations that may be useful to people with psychiatric disabilities. Examples are restructuring job tasks, providing self-paced workloads and flexible hours, furnishing written job instructions, and allowing time off for professional counseling. An accommodation is not considered reasonable if it creates an undue hardship for the employer.
Relief: If the EEOC or a FEPA determines that there is reasonable cause to believe that discrimination occurred, it attempts to obtain relief for the complainant. Relief may include hiring, reinstatement, promotion, reasonable accommodations, front pay, back pay, payment of attorneys' fees, or expert witness fees. Monetary compensation may also be awarded for actual or future monetary losses, or mental anguish. Monetary damages also may be awarded if an employer acted with "malice or reckless indifference".
Right-to-sue letter: Under Title I of the ADA, individuals who believe they have been subject to disability-based employment discrimination may file a charge with the EEOC or a FEPA. They may also file a lawsuit, but first they must file the discrimination charge. Before filing a lawsuit they must receive a letter from the EEOC office or FEPA where they filed stating that they have a right to file a lawsuit.
Settlements: These are formal, written agreements between complainants and employers that resolve charges before an investigation has been completed and the merits of the charge determined.
Title I: The ADA is divided into five titles, or sections. Title I is the section that contains the law's employment requirements.
Undue hardship: Undue hardship refers not only to financial hardship for an employer who has been asked to or is considering making accommodations, but also to accommodations that are overly extensive or disruptive or that would change the nature or operation of a business.
Unsuccessful conciliations: These are failures to obtain an agreement between the complainant and an employer after an investigation has shown reasonable cause to believe that discrimination occurred.
U.S. Equal Employment Opportunity Commission: The EEOC is a federal agency that has responsibility for enforcing several different employment discrimination laws, including Title I of the ADA. It has 50 field offices in 33 states and the District of Columbia.
Withdrawal with benefit: These are informal, non-written agreements between complainants and employers that resolve the charge. In almost all cases, they are agreed upon before an investigation has been completed and the merits of the charge determined.
BACK | TOC
|
