To provide for enforcement of the Federal prohibition
against employment discrimination by private employers and State and local
governments against qualified individuals with disabilities.
TYPES OF ASSISTANCE:
Advisory Services and Counseling. Place Cursor Here for Definition
Investigation of Complaints. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
Complaints of discriminatory employment practices by or on behalf of an
individual or a group of individuals claiming to be aggrieved are received.
Mediation of the dispute may be offered. If mediation is not used or is not
successful, investigations ensue and if reasonable cause is found, the charge
is conciliated. If conciliation proves to be unsuccessful, the Commission may
bring a civil action against private respondents named in the charge. 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.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: Any aggrieved individual, or
any individual, or any labor union, association, legal representative, or
unincorporated organization, filing either as an aggrieved entity or 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 or by an employment agency,
labor organization, or joint labor-management committee.
Beneficiary Eligibility: Applicants, current
employees, and former employees of the named respondents in a charge who have
been subjected to unlawful employment practices.
Credentials/Documentation: An allegation of
unlawful employment practice(s) may be made in person or by mail. An
allegation must be in writing, signed, and notarized (only when necessary to
meet State and local requirements) or supported by an unsworn declaration in
writing under penalty of perjury. Charge forms (EEOC Form 5, Charge of
Discrimination) are available to all persons from all field offices of the
Commission.
Pre-application Coordination: None. This program is
excluded from coverage under E.O. 12372.
Application Procedure: A charge may be filed by
an 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 aggrieved entity or on behalf of an aggrieved individual.
Award Procedure: A charge is sufficient when the
Commission receives from the person making the charge a written statement
sufficiently precise to identify the parties and to describe generally the
action or practices complained of.
Deadlines: Individuals who wish to assert their
rights under the Act must file a charge of discrimination with the EEOC within
180 days of the alleged unlawful practice (or within 300 days if there is a
State or local agency in a State with its own discrimination law). When EEOC
completes its investigation without obtaining relief for persons covered by a
charge, covered persons will be given written notice of their right to sue.
Persons can also ask for a notice of right to sue before EEOC finishes its
investigation (when a right to sue is issued on request, EEOC usually stops
investigating). Suit must be brought within 90 days of receipt of the notice
of right to sue letter.
Range of Approval/Disapproval Time: Not
applicable.
Appeals: None.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements: Not applicable.
Length and Time Phasing of Assistance: Not
applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Not applicable.
Records: Not applicable.
FINANCIAL INFORMATION:
Account Identification: 45-0100-0-1-751.
Obligations: (Salaries and Expenses) FY 01
included in program 30.001; FY 02 est included in program 30.001; and FY 03
est included in program 30.001.
Range and Average of Financial Assistance: Not
applicable.
In fiscal year 2001, received 16,524 charges and resolved 19,084 which
monetarily benefited 4,101 persons in the sum of $42,152,525. In fiscal year
2001, EEOC filed 62 lawsuits raising ADA issues and resolved 41 suits by
consent decree, settlement agreement or judgment, with a direct monetary
benefit of approximately $2,087,000. Projected data unavailable for fiscal
years 2002 and 2003.
REGULATIONS, GUIDELINES, AND LITERATURE:
Publications are furnished free in limited quantities. Title I of the
Americans with Disabilities Act; Procedural Regulations, 29 CFR 1601;
Substantive Regulations, 29 CFR 1630; Recordkeeping and Reporting Regulations,
29 CFR 1602; Coordination Regulations with the Department of Justice, 29 CFR
1640; Coordination Regulations with the Department of Labor, 29 CFR 1641.
Interim Enforcement Guidance: Application of the Americans with Disabilities
Act of 1990 to Disability-based Distinctions in Employer- Provided Health
Insurance; ADA Enforcement Guidance: Pre-employment Disability-Related
Questions and Medical Examinations; Compliance Manual Section:
"Definition of the Term Disability"; EEOC Enforcement Guidance:
Workers' Compensation and the ADA; EEOC Enforcement Guidance on The Americans
with Disabilities Act and Psychiatric Disabilities; EEOC Enforcement Guidance
on The Effect of Representations Made in Applications for Benefits on the
Determination of whether a person is a "Qualified Individual with a
Disability" under the Americans with Disability Act of 1990 (ADA);
Enforcement Guidance on Disability-Related Inquires and Medical Examinations
of employees under the ADA. Instructions for Field Offices Analyzing ADA
Charges After Supreme Court Decisions Addressing "Disability" and
"Qualified"; Enforcement Guidance: Application of the ADA to
Contingent Workers Placed by Temporary Agencies and Other Staffing Firms;
Policy Guidance on Executive Order 13164: Establishing Procedures to
Facilitate the Provision of Reasonable Accommodation; Policy Guidance on
Executive Order 13145: To prohibit Discrimination in Federal Employment based
on genetic in employment based on Genetic Information (July 26, 2000);
Enforcement Guidance: Handling ADA charges against State Government
Respondents after Board of Trustees of the University of Alabama vs. Garrett
(May 23, 2001). Questions and Answers on the ADA; Your Responsibilities as an
Employer Under the ADA; Your Employment Rights as an Individual with a
Disability; ADA Title I Technical Assistance Manual; Fact Sheet on Disability
and Service Retirement Plans Under the ADA: Fact Sheet: The Family and Medical
Leave Act, The Americans with Disabilities Act, and Title VII of the Civil
Rights Act of 1964. Compliance Manual Section: "Employee Benefits"
as revised, August 20, 2001. Contact: (202) 663-4900 (Voice) or (202) 663-4494
(TTY) and 1-800-669-3362 (Voice) or 1-800-669-6820 (TTY), or Web Site at
http://www.eeoc.gov.
INFORMATION CONTACTS:
Regional or Local Office: Any EEOC Office listed in
Appendix IV of the Catalog.
Headquarters Office: Office of Communications and
Legislative Affairs, Communications Staff, Equal Employment Opportunity
Commission, 1801 L Street, NW., Washington, DC 20507. Telephone: (202)
663-4900. (Voice) or (202) 663-4494 (TTY).
