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Several federal laws prohibit employment-related discrimination on
the basis of disability. Violations might be related to hiring, reasonable
accommodations, training, advancement, benefits, or dismissal, or a range of
other employment-related issues. Individuals who believe they may have been
discriminated against should assess their situations according to the following
guidelines and then take actions deemed appropriate.
STEP 1:
Investigate the laws that prohibit employment-related
discrimination on the basis of disability. Note which laws cover public sector
employers, which cover private sector employers, and the applicable time limits
for filing claims. The primary laws include:
- Title I of the Americans with Disabilities Act (ADA) (P.L.
101-336) prohibits private sector employers (including employment agencies and
labor unions) and state and local government agencies that employ 15 or more
individuals from discriminating against qualified individuals with disabilities
in all aspects of employment. Title II of the ADA provides the same protection
to employees of state and local government agencies regardless of the number of
employees such agencies employ. Persons who have been discriminated against on
the basis of a perceived disability or record of having a disability also are
covered by the ADA.
- The Rehabilitation Act of 1973 (P.L. 93-112), as amended,
prohibits discrimination in employment in three areas:
Section 501 of the Rehabilitation Act
prohibits federal executive branch agencies, including the U.S. Postal Service
and the Postal Rate Commission, from discriminating against qualified
individuals with disabilities. It requires executive branch agencies to take
affirmative action in the hiring, placing, and advancing of individuals with
disabilities.
Section 503 of the Rehabilitation Act
requires contractors who have a contract with the federal government for
$10,000 or more, and their subcontractors whose contracts reach those levels,
to take affirmative action to employ and to advance in employment qualified
individuals with disabilities.
Section 504 prohibits recipients of
federal financial assistance from discriminating against qualified individuals
with disabilities in employment and in their programs and activities.
- Section 188 of the Workforce Investment Act of 1998 (WIA)
forbids disability-based discrimination, in employment or in provision of
services, by any organization or other entity that receives Federal financial
assistance under WIA, and by any program or activity that is provided as part
of the nation's One-Stop job training system by a One-Stop partner.
- Veterans with disabilities are protected further by Section
4212 of the Vietnam Veterans Readjustment Assistance Act of 1974. Section 402
requires that contractors and subcontractors who have a contract with the
federal government for $25,000 or more take affirmative action to employ,
advance in employment, and otherwise treat covered veterans without
discrimination.
- Individuals with disabilities also may be protected by their
state anti-discrimination laws, some of which are more stringent than the
federal laws. To learn more about rights under state laws, contact the State
Human Rights Commission or its equivalent. Most states also have a commission,
council, or committee that addresses disability issues.
STEP 2:
Attempt to resolve the problem at the lowest level possible.
Current employees should discuss the situation with their own supervisors and
with upper level management, if necessary. Determine whether the employer has a
policy for resolving such conflicts internally. Many companies and government
agencies have established official Alternate Dispute Resolution (ADR)
procedures, which means that the parties involved agree to follow specific
guidelines in an effort to avoid costly, time-consuming legal action. Section
513 of the ADA encourages the use of ADR, naming settlement negotiations,
conciliation, facilitation, mediation, fact-finding, materials, and arbitration
as examples. The regulations implementing WIA Section 188 require that covered
entities provide ADR as an option for resolving discrimination complaints.
NOTE: Participation in an employer internal ADR or other
conflict resolution procedure may or may not suspend the regulatory time limits
for initiating administrative or court actions.
STEP 3:
If the problem remains unresolved, the individual may consider
filing a complaint with the appropriate government agency and/or seeking legal
advice.
- Title I of the ADA is enforced primarily by the EEOC. To file a
complaint or for more information, call: (800)669-4000 (V) / (800)800-3302
(TTY).
- Title II of the ADA is enforced primarily by the U.S.
Department of Justice. Send complaints to: U.S. Department of Justice, Civil
Rights Division, Coordination and Review Section, P.O. Box 66118, Washington,
DC 20035-6118. For more information, call (800)514-0301 (V) / (800)514-0383
(TTY). Title II does not require exhaustion of administrative remedies.
Consequently, a complainant may elect to proceed with a private suit at any
time.
- Section 501 of the Rehabilitation Act of 1973, as amended, is
enforced by the EEOC. In order to file a complaint, individuals covered by
Section 501 must first contact an equal employment opportunity counselor at the
agency where the alleged discrimination took place. There is also a private
right of action under Section 501, which allows the individual to file a
private lawsuit in a U.S. district court within specific time periods.
- Section 503 of the Rehabilitation Act of 1973, as amended, is
enforced by the U.S. Department of Labor, Office of Federal Contract Compliance
Programs (OFCCP). Send complaints to OFCCP at the nearest U.S. Department of
Labor district or regional office or to OFCCP, U.S. Department of Labor,
Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210.
- Section 504 of the Rehabilitation Act of 1973, as amended, is
enforced by the federal agency that provided financial assistance to the
private sector employer involved. Send complaints to the Office of Civil Rights
at that agency or to the U.S. Department of Justice, Civil Rights Division,
Coordination and Review Section, P.O. Box 66118, Washington, DC 20035-6118.
Individuals do not have to exhaust administrative procedures under Section 504
of the Rehabilitation Act. They may file suit in federal district court against
private employers receiving federal financial assistance, without filing
complaints with the administrative agency.
- WIA Section 188 is enforced by the U.S. Department of Labor,
Civil Rights Center (CRC). To file a complaint with CRC, send it to Director,
Civil Rights Center, Frances Perkins Building, Room N-4123, 200 Constitution
Ave., N.W., Washington, D.C., 20210. Complaints may also be filed with the
recipient of Federal financial assistance; if, after filing with the recipient,
an individual is not satisfied with the outcome of the case, he or she may file
with CRC within 30 days of receiving a Notice of Final Action from the
recipient. For more information, or to obtain a copy of CRC's complaint form
on-line, please click here (http://www.dol.gov/oasam/programs/crc/crcwelcome.htm).
CRC also enforces Section 504 of the Rehabilitation Act as it applies to
recipients of Federal financial assistance from the U.S. Department of Labor.
- Section 402 of the Vietnam Era Veterans Readjustment Assistance
Act of 1974, as amended, is enforced by the U.S. Department of Labor, Office of
Federal Contract Compliance Programs (OFCCP). To file a complaint, contact the
Veterans Employment Service of the Department of Labor through the local
veteran s employment representative or designee at the local state employment
office. Complaints also can be sent to OFCCP at the nearest U.S. Department of
Labor district or regional office, or to OFCCP, U.S. Department of Labor,
Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210.
Updated May 2002 |
