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.

Agency - Equal Employment Opportunity Commission

Office - See Regional Agency Offices.

See map of field offices available at http://www/eeoc/field/index.cfm.

EEOC Offices are also listed in Appendix IV of the Catalog.
Website Address

http://www.eeoc.gov




Program Accomplishments

Fiscal Year 2016: In fiscal year 2016, EEOC field legal units filed 86 merits lawsuits, including 58 individual suits, 11 non-systemic suits with multiple victims, and 18 systemic suits. Merits lawsuits are direct suits or interventions alleging violations of the substantive provisions of the statutes enforced by EEOC and suits to enforce administrative settlements. These merits filings alleged violations covering a wide variety of bases, including disability (36), sex (25), retaliation (24), race (10), religion (6), national origin (5), age (2), and genetic information (2). The issues raised most frequently in these suits were discharge (48), hiring (22), reasonable accommodation (17), and harassment (11). At the end of fiscal year 2016, EEOC had 166 cases on its active district court docket, of which 30 (18.1 percent) were non-systemic multiple victim cases and 47 (28.3 percent) involved challenges to systemic discrimination. The agency also filed 28 subpoena enforcement actions. EEOC?s legal staff resolved 139 merits lawsuits in the federal district courts for a total monetary recovery of $52.2 million. EEOC achieved a favorable resolution in 90.6 percent of all district court resolutions. A total of 8,489 individuals received monetary relief as a direct result of EEOC lawsuit resolutions. The Commission also resolved 32 subpoena enforcement actions during the fiscal year. Fiscal Year 2016: EEOC received 91,503 charges alleging discrimination in employment, resolved 97,443 charges and obtained monetary benefits of $348 million. Fiscal Year 2017: No Current Data Available; Fiscal Year 2018: No Current Data Available. Fiscal Year 2017: No Current Data Available Fiscal Year 2018: No Current Data Available

Uses and Use Restrictions

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 Assessment System, available at https://egov.eeoc.gov/eas/, 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.

Eligibility Requirements

Applicant Eligibility

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.

Beneficiary Eligibility

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.

Credentials/Documentation

A claim of unlawful employment practice(s) may be made 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. This program is excluded from coverage under OMB Circular No. A87. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is not applicable.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 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. Charges may be filed 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.

Award Procedures

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.

Deadlines

Not Applicable.

Authorization

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.

Range of Approval/Disapproval Time

The ADA requires that charges be filed within 180 days of the date of the alleged violation, within 300 days if the charge is also covered by a state or local anti-discrimination law, or within 30 days after the receipt of notice of termination of state or local proceedings, whichever is earlier. If the evidence does not establish that discrimination occurred, charging parties 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. A charging party may file a lawsuit within 90 days after receiving a notice of a right to sue from EEOC, as stated above. Under the ADA, a charging party also can request a notice of right to sue from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. When a right to sue letter is issued at the request of the charging party, EEOC usually stops its investigation. Federal employees must generally contact the agency?s EEO Counselor within 45 days from the date the discrimination occurred.

Appeals

None.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program. Matching requirements are not applicable to this program. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Not applicable. See the following for information on how assistance is awarded/released: Not applicable.

Post Assistance Requirements

Reports

Not Applicable.

Audits

Not Applicable.

Records

Not applicable.

Financial Information

Account Identification

45-0100-0-1-751.

Obigations

(Salaries) FY 16 $364,500,000; FY 17 est $364,500,000; and FY 18 est $363,807,086 - (Salaries and expenses) Not separately identifiable.

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines, and Literature

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.

Information Contacts

Regional or Local Office

See Regional Agency Offices. See map of field offices available at http://www/eeoc/field/index.cfm. EEOC Offices are also listed in Appendix IV of the Catalog.

Headquarters Office

Equal Employment Opportunity Commission 131 M Street, NE, Washington, District of Columbia 20507 Phone: 202-663-4191/202-663-4494(TTY)

Criteria for Selecting Proposals

Not Applicable.


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