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... ments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.
The EPA covers all employees who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act. Title VII, the ADEA, and the EPA also cover the federal government. In addition, the federal government is covered by Section 501 of the Rehabilitation Act of 1973, as amended, which incorporates the requirements of the ADA.
However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred. The EEOC'S Charge Processing Procedures V. Who Can File a Charge of Discrimination? Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the EEOC. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.
VI. How Is a Charge of Discrimination Filed? A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U. S. Government listing) or call 1 - 800 - 669 - 4000 (voice) or 1 - 800 - 669 - 6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.
Individuals who need an accommodation in order to file a charge (e. g. , sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made. VII. What Information Must Be Provided to File a Charge? The complaining party's name, address, and telephone number; The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known; A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and The date (s) of the alleged violation (s).
VIII. What Are the Time Limits for Filing a Charge of Discrimination? All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed: A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. This 180 -day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated. To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected. IX.
What Agency Handles a Charge That Is Also Covered by State or Local Law? Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. The EEOC refers to these agencies as "Fair Employment Practices Agencies (Fepa's). " Through the use of "work sharing agreements, " the EEOC and the Fepa's avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law. If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling. If a charge is filed with the EEOC and also is covered by state or local law, the EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.
X. What Happens After a Charge Is Filed With the EEOC? The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled: A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred.
EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues. In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate. The charge may be selected for EEOC's mediation program if both the charging party and the employer express an interest in this option.
Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation. A charge may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of the law. A charge may be dismissed at the time it is filed, if an initial in-depth interview does not produce evidence to support the claim.
When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf. XI. How Does EEOC Resolve Discrimination Charges? If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party.
A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination. If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored. If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.
In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions. XII. When Can an Individual File an Employment Discrimination Lawsuit in Court? A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge.
Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage. XIII. What Remedies Are Available When Discrimination Is Found? The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include: other actions that will make an individual "whole" (in the condition s / he would have been but for the discrimination). Remedies also may include payment of: Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience.
Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against state or local governments. In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation.
Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case. XIV. What Is the EEOC and How Does It Operate? EEOC is an independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964.
The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered terms; the General Counsel's term is four years. The President designates a Chairman and a Vice-Chairman. The Chairman is the chief executive officer of the Commission. The Commission has authority to establish equal employment policy and to approve litigation. The General Counsel is responsible for conducting litigation.
EEOC carries out its enforcement, education and technical assistance activities through 50 field offices serving every part of the nation. Bibliography: Bibliography: web
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