Filing a Disability Discrimination Complaint with the EEOC

Disabled employees in the United States need to know that they have the right not to be subjected to employment discrimination. In compliance with the Americans with Disabilities Act (ADA), employers with 15 or more employees are prohibited to discriminate against disabled employees as well as applicants. Furthermore, ADA implores covered employers to provide reasonable accommodation to disabled employees.

Unfortunately, amidst the strict implementation of ADA, certain employers still find ways to discriminate against disabled individuals. According to the data of the US Equal Employment Opportunity Commission (EEOC), in 2011 alone, 25,742 disability discrimination complaints were submitted to the agency.

Employees or applicants who were discriminated because of their disability are advised to file a formal complaint with the EEOC. The following are the steps involved in asserting for a disability discrimination complaint:

1. Visit EEOC – Disability discrimination complainants should visit the nearest EEOC office to learn the basics in filing a claim. Complainants may also visit the Commission’s website (www.eeoc.gov) to learn the proper procedures in filing a discrimination complaint.

2. Fill up questionnaires and complaint forms – Upon contacting EEOC regarding the claim, the next step complainants need to do is to complete certain questionnaires and forms. These documents will be used by EEOC officials for initial investigation purposes.

3. Investigation phase – Upon receiving the completed forms, EEOC will investigate and review the complaint. This phase is considered as the investigation stage. During the investigation phase, EEOC will assign investigators to determine whether or not the complaint is valid. Complainants, on the other hand, will need to cooperate with investigators to address the complaint as soon as possible.

3. EEOC decision – After reviewing and investigating the nature of the complaint, EEOC will come up with a decision. In case EEOC officials find that there is a reasonable cause for the complaint, the Commission will attempt to resolve the dispute between the complainant and the defendant. EEOC may either ask both parties involved to settle the complaint or file a case in court.

For complainants to maximize their chances of getting the justice they deserve, they are advised to hire an employment law attorney who is adept in handling employment disability discrimination cases. Although it is not required to have a lawyer during the complaint process, it is very advisable. Complainants who are backed by an employment lawyer can be certain that they would not need to deal with the time-consuming and complicated procedures involved in the complaint process.

Protecting Employees from Discrimination

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Workplace discrimination based on a person’s national origin or citizenship status – there is a law for that. In accordance to the Immigration and Nationality Act(INA), employers doing business in the United States are prohibited from discriminating against employees and applicants based on their national origin and citizenship status.

According to the data of the US Equal Employment Opportunity Commission (EEOC), in 2011 alone, the agency received 11,833 complaints about national origin and citizenship status discrimination. Due to the high number of discrimination incidences in the country, it is necessary for employers to uphold and respect the rights of employees and applicants with respect to anti-discrimination laws.

INA: An Overview

In compliance with the Unfair Immigration-related Employment Practices provisions of INA, employers are not allowed to discriminate against employees based on their national origin and citizenship status.

Employers with three or more employees are required to follow the rules and provisions set by INA. Additionally, only employees and applicants who legally hold American citizenship and nationality are protected by the Act.

Key Components of INA

Aside from the information about INA provided above, the following details should also be considered by employers and employees:

•    Only people who have legal American citizenship and nationality are protected by INA. Illegal immigrants and aliens are not covered by the Act. However, people who were admitted in the country as permanent residents, temporary residents, refugees, or asylums are protected by INA.

•    Covered employers are strictly prohibited from retaliating against employees who are practicing their rights under INA.

•    Denying a job seeker’s application, terminating an employee, demoting an employee, and rejecting an employee’s rights for employment benefits because of his or her national origin or citizenship status are prohibited by INA.

Legal Actions

Employees who have experienced employment discrimination should immediately file a complaint with the EEOC. Moreover, should consult with an employment law attorney for them to acquire the legal advice and assistance that they need during the complaint process.