Employment Discrimination Title I of The Americans with Disabilities Act

 

The Americans with Disabilities Act (ADA) prohibits employment discrimination against applicants or employees based on disability. The ADA also prohibits retaliation against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA. The Rehabilitation Act provides federal employees with the same protections.

Deleted 03/27/2024 (Archived.) 30.011 Equal Employment Opportunity Commission K - Advisory Services and Counseling; N - Investigation of Complaints; O - Federal Employment Not applicable. Americans with Disabilities Act, Title I & V, as amended Public Law 101-336, Public Law 110-325 42, U.S.C. 12101-12117; 12201-12213; Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791-794a Any aggrieved individual, or any individual, or any organization, or agency filing on behalf of an aggrieved individual, who has reason to believe that an unlawful employment practice within the meaning of Title I of the ADA has been committed by an employer with 15 or more employees, including state or local governments, an employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs. Any aggrieved individual who believes he or she has been retaliated against for opposing employment practices that discriminate based on disability or who files an ADA charge, testifies, or participates in any way in an investigation, proceeding, or litigation under the ADA. Federal employees are protected from disability discrimination under section 501 of the Rehabilitation Act. Applicants, for employment, current employees, and former employees of the named respondent(s) in a charge who have been subjected to unlawful employment practices based on disability by the named respondent (s), and/or who have been subjected to retaliation for filing a charge of discrimination, for opposing disability discrimination or for participating in an ADA or Rehabilitation Act investigation, proceeding, or litigation. A claim of unlawful employment practice(s) may be made online, in person, by mail or by fax. An allegation must be in writing, signed, and/or notarized when necessary to meet State or local requirements. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from all field offices of the Commission. Individuals may also consult EEOC's website at http://www.eeoc.gov/employees/howtofile.cfm for detailed information about filing a charge. Complaints against the Federal government should be filed at the relevant agency's EEO office. Each agency is required to post information about how to contact the agency's EEO office. Federal government applicants or employees should consult EEOC's website at http://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm for details about filing an employment discrimination complaint against a federal agency. Preapplication coordination is not applicable. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. A charge may be filed by any aggrieved individual, any individual on behalf of an aggrieved individual, or by any organization, i.e., labor union, association, legal representative, etc., either as an entity or on behalf of an aggrieved individual. The charges filing process may be initiated online, in person, by mail or by fax at the nearest field office of the EEOC. Complaints against the federal government should be filed at the relevant agency's EEO office. Each agency is required to post information about how to contact the agency's EEO office. A charge is sufficient when the Commission receives from the person making the charge a written signed statement that includes an allegation of discrimination, the name(s) of the parties involved, and a request that the EEOC act to protect the applicant or employee's rights or otherwise settle a dispute between the applicant or employee and the employer. The charge must also be verified; in some circumstances verification can relate back to the date that the charge was filed. Not applicable. Individuals are protected from discrimination on the basis of disability by employers with 15 or more employees, state and local governments, employment agencies, and labor organizations. Federal employees and applicants are covered under section 501 of the Rehabilitation Act of 1973, which applies the same standards as the ADA. The EEOC Public Portal, available at https://publicportal.eeoc.gov/portal/Login.aspx?ReturnUrl=%2fpprtal%2f, enables individuals to determine whether EEOC is the appropriate agency to contact regarding their specific claims of discrimination, harassment or retaliation. Charges of discriminatory employment practices can be filed by or on behalf of an individual or group of individuals claiming to be aggrieved. Mediation may be offered to the parties involved. If mediation is not used or is not successful, further investigation may ensue. If after its investigation, the Commission does not find reasonable cause, it will attempt to resolve the charge informally through conciliation. If conciliation proves to be unsuccessful and the employer is not a state or local government, the Commission may bring a civil action against responsent(s) named in the charge or issue right to sue letter to the charging party who may then file a civil action in federal court with 90 days. If conciliation fails on a charge against a state of local government, EEOC refers the case to the Department of Justice for consideration of litigation or issuance of a right to sue letter. None Not applicable. Not applicable. Individuals are protected from discrimination on the basis of disability by employers with 15 or more employees, state and local governments, employment agencies, and labor organizations. Federal employees and applicants are covered under section 501 of the Rehabilitation Act of 1973, which applies the same standards as the ADA. The EEOC Public Portal, available at https://publicportal.eeoc.gov/portal/Login.aspx?ReturnUrl=%2fportal%2f, enables individuals to determine whether EEOC is the appropriate agency to contact regarding their specific claims of discrimination, harassment or retaliation. Charges of discriminatory employment practices can be filed by or on behalf of an individual or group of individuals claiming to be aggrieved. Mediation may be offered to the parties involved. If mediation is not used or is not successful, further investigation may ensue. If after its investigation, the Commission does not find reasonable cause, the charging party is issued a right to sue letter and may file a lawsuit within 90 days. If the Commission determines that there is reasonable cause to believe that discrimination has occurred, it will attempt to resolve the charge informally through conciliation. If conciliation proves to be unsuccessful and the employer is not a state or local government, the Commission may bring a civil action against respondent(s) named in the charge or issue a right to sue letter to the charging party who may then file a civil action in federal court within 90 days. If conciliation fails on a charge against a state or local government, EEOC refers the case to the Department of Justice for consideration of litigation or issuance of a right to sue letter. A Federal employment applicant or employee who believes that his or her employment rights have been violated under Section 501 of the Rehabilitation Act must file a complaint with that agency and follow the procedures set forth at 29 C.F.R. part 1614. Not applicable. Not applicable. Not applicable. Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing. Not applicable Not applicable See map of field offices available at http://www/eeoc/field/index.cfm. EEOC Offices are also listed in Appendix IV of the Catalog. Equal Employment Opportunity Commission
131 M Street, NE
Washington, DC 20507 US
info@eeoc.gov
Phone: 202-663-4191/202-663-4494(TTY) http://www.eeoc.gov 45-0100-0-1-751 (Investigation of Complaints) FY 18$379,500,000.00; FY 19 est $379,500,000.00; FY 20 est $355,800,000.00; FY 17$364,500,000.00; - FY 2018 and FY 2019 amounts reflect the total EEOC enacted Appropriation for all programs. FY 2020 reflects the current President?s Budget request. Not applicable A large number of publications are available on the EEOC web site (www.eeoc.gov). To request documents in alternative formats (Braille, large print, etc), contact EEOC at (202) 663-4191. Regulations include those implementing the employment provisions of the Americans with Disabilities Act (ADA), 29 CFR 1630. In addition to these regulations, the website also contains a range of guidances and resource documents that explain various parts of the ADA. These include resource documents addressing various disabilities (include blindness, deafness, intellectual disabilities, and psychiatric disabilities). Also available are publications on reasonable accommodation issues, the timing and scope of employer medical questions and examinations, the overlap between the ADA, FMLA and workers' compensation, and the application of the ADA to job applicants and contingent workers. Not applicable.