Filing a Charge of Employment Discrimination
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 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.
How Is a Charge of Discrimination Filed?
A charge may be filed by mail or in person at the nearest EEOC office.
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.
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.
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).
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.
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.
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.
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You may also consider contacting the Advocacy Center for Persons with Disabilities, Inc., Florida's Protection and Advocacy Program for people with disabilities, which has a very active employment discrimination program.
Contact Corey Hinds at c.hinds@advocacycenter.org or Steve Howells at SteveH@advocacycenter.org.
You may also wish to contact the Florida Commission on Human Relations, which investigates job discrimination complaints:
Florida Commission on Human Relations or
Human Relations Commission
2009 Apalachee Parkway
Suite 100
Tallahassee, FL 32301
1-800-342-8170
850-488-7082
The Florida Bar refers to attorneys statewide who specialize in employment discrimination law:
The Florida Bar - for Lawyer Referral List
650 Apalachee Pkwy.
Tallahassee, FL 32399-2300
1-800-342-8060
(850) 561-5600
To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.
This Blog is a resource provided by the Disability Law Committee of the Florida Bar. We welcome your participation. Marc Dubin, Esq., Chair of the Committee, can be reached at mdubin@pobox.com and at 305-896-3000. He is available for consultations.
Saturday, February 24, 2007
Technical Assistance Materials from the EEOC
The EEOC has published specialized technical assistance materials:
Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Blindness and Vision Impairments in the Workplace and the ADA
The Americans with Disabilities Act's Association Provision
Diabetes in the Workplace and the ADA
Epilepsy in the Workplace and the ADA
Persons with Intellectual Disabilities in the Workplace and the ADA
Cancer in the Workplace and the ADA
To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.
Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Blindness and Vision Impairments in the Workplace and the ADA
The Americans with Disabilities Act's Association Provision
Diabetes in the Workplace and the ADA
Epilepsy in the Workplace and the ADA
Persons with Intellectual Disabilities in the Workplace and the ADA
Cancer in the Workplace and the ADA
To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.
Did you know that in Fiscal Year 2006, the EEOC received 15,625 charges of disability discrimination?
In Fiscal Year 2006, EEOC received 15,625 charges of disability discrimination. EEOC resolved 15,045 disability discrimination charges in FY 2006 and recovered $48.8 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).
source: http://www.eeoc.gov/types/ada.html
To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.
source: http://www.eeoc.gov/types/ada.html
To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.
Sunday, February 18, 2007
DOJ Settlement with City Cab Company in Crestview, FL re blind passenger with service animal.
City Cab Company, Crestview, Florida -- The Department signed an agreement with City Cab resolving a complaint alleging that the taxi provider denied services to a blind passenger because the passenger was accompanied by a service animal. City Cab agreed to adopt a policy requiring all drivers to transport individuals accompanied by service animals and to provide the complainant with complimentary taxi services for a period of one year.
To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.
To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.
DOJ: Largest Pizza Hut Franchisee Agrees to Nationwide Accessibility
Largest Pizza Hut Franchisee Agrees to Nationwide Accessibility --
The Department signed an agreement with NPC International Inc. that will make NPC’s Pizza Hut restaurants accessible nationwide to people with disabilities. NPC, which operates approximately 800 Pizza Hut restaurants in 25 states, is the largest single franchisee of Pizza Hut restaurants in the United States. Whether existing, altered, or newly constructed, these restaurants will have the following accessible features at a minimum:
Parking areas will have two accessible parking spaces, including one accessible to vans. They will be on the shortest accessible route to an accessible entrance and marked with appropriate signage.
An accessible entrance will connect to all accessible spaces within the site through an accessible route that is free of obstructions. The doors will not be too heavy and will have hardware that is easy to operate.
Dining, food service, and customer service areas will include at least one accessible table or booth, an accessible counter surface or check-writing area where payment is made, and signs stating that service will be provided upon request (for example, where self-service food areas are difficult to reach or manage) to customers with disabilities.
Public rest rooms will be accessible. Either accessible stalls in multistall rest rooms or accessible unisex rest rooms will be provided unless the Department and NPC agree (under specific terms in the agreement) that is it not reasonable or feasible to do so. The accessible rest rooms will have grab bars, a lavatory that can be operated easily, and other accessibility features.
In addition, NPC will survey and evaluate all NPC-owned facilities that were subject to the ADA’s new construction or alterations standards at the time of their construction or alteration and bring them into compliance with the standards that were in effect at the time. At the 180 NPC-operated outlets that are dedicated solely to delivery and carry-out, that have no in-restaurant dining, and that are owned by a party other than NPC, NPC will make its best efforts to work with landlords to ensure accessibility. NPC will also build all future facilities in compliance with ADA Standards for Accessible Design, designate a compliance officer, and train all personnel involved in implementing the agreement.
To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.
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