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.

Two Types of Sex Discrimination in the Workplace

Sex discrimination is unfortunately common in the United States employment sector. According to the data of the US Equal Employment Opportunity Commission (EEOC), in Fiscal Year 2011, 28,534 sex discrimination complaints were filed with the agency. 

Discrimination based on an individual’s sex is against the law. Under the Title VII of the Civil Rights Act of 1964, employers with 15 or more employees are prohibited to discriminate against employees and applicants based on their sex.

Despite the prevalence of sex discrimination in the country, only few employees and employers know the facts involved in the said employment discrimination issue. Workplace discrimination based on a person’s sex may be categorized into types: direct discrimination and indirect discrimination.

Direct discrimination – This involves explicitly discriminating against individual due to his or her sex. Under the law, employers are not allowed to:

• Deny applicants’ application because of their sex

• Terminate employees due to their sex

• Demote employees because of his or her sex

• Deny promotion to workers because of his or her sex

• Refuse to provide training to employees

• Deprive workers of employment benefits due to their sex

Indirect discrimination – Unlike direct discrimination, indirect sex bias does not discriminate an employee or applicant in an outright manner; instead, the discrimination may occur due to implied discriminatory practices. Common examples of indirect sex discrimination are:

• Implementing company policies, criteria, guidelines, and rules that favor a particular sex

• Imposing company rules only to employees of a particular sex

Employees or applicants who have experienced sex discrimination in the workplace have the right to file a formal complaint with EEOC. Complainants may be entitled to compensatory and punitive damages.

Settlements for discriminatory act by an employer have limits, whether compensatory or punitive, depending on the size of the company:

• $50,000 limit for companies with 15-100 employees

• $100,000 limit for companies with 101-200 employees

• $200,000 limit for companies with 201-500 employees

• $300,000 limit for companies with more than 500 employees

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.

How Workplaces’ English-only Policy Affects Spanish Workers

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English-only policies of companies in the United States affect many employees especially the Spanish-speaking workers. According to statistics, the Spanish language is the second most commonly used language in the U.S. (12.3 percent) just behind the English language (80 percent).

Spanish-speaking employees who work at companies and/or business ventures that implement English-only policies may wonder if such arrangement is in accordance with the law. In fact, it is. According to the US Equal Employment Opportunity Commission (EEOC), English-only policies of employers may be considered lawful as long as it does not contradict the Title VII of the Civil Rights Act of 1964.

In Fiscal Year 2002, EEOC has received 228 employment discrimination complaints related to English-only policies. This only shows that workers who cannot speak English well are in threat of being discriminated. Under Title VII, employers cannot discriminate against workers because of their national origin. Workplace discrimination based on a person’s national origin means treating a worker less favorably or adversely because that person is from a certain place otherwise belongs to a particular ethnic group.

Unlawful Grounds for English-only Policies

EEOC claims that language restriction policies of employers may be considered discriminatory and unfair if:

•    The policy only applies to certain individuals
•    The workers were not informed or oriented by the employer about the policy’s guidelines
•    The policy takes effect even in non-workplace related hours such as mealtime breaks

Tips for Employers

Employers who are implementing or planning to implement language restriction policies in their workplace should abide by Title VII in order to avoid employment disputes. The following are suggested tips concerning English-only policy implementation:

•    Inform your workers about the policy by disseminating guidelines
•    Apply the policy to all workers and not only to employees who speak other foreign languages
•    Consult with an employment law attorney to verify if the policy is in accordance to Title VII

Tips for Employees

Employees who believe that they have been discriminated based on their national origin through the implementation of English-only policy of their company are suggested to accomplish the following steps:

•    Preserve all pieces of evidence that would prove that your employer has discriminated you
•    File a formal complaint with the EEOC or the Department of Fair Employment and Housing (for California workers)
•    Consult with an employment attorney in order to efficiently take legal actions
•    Seek for settlement from your employer