Employment Discrimination_Title I of The Americans with Disabilities Act

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Program Accomplishments

In fiscal year 2005, received 14,922 charges and resolved 15,357 which monetarily benefited 2,352 persons in the sum of $44,843,117 In fiscal year 2005, EEOC filed 42 merit lawsuits raising ADA issues either as a sole statute or concurrent with other statutes and resolved 38 merit suits with direct monetary benefit of $2,484,400. Projected data unavailable for fiscal year 2006.

Uses and Use Restrictions

Individuals are protected from discrimination on the basis of disability by employers with 15 or more employees, by Federal, state, and local governments, by employment agencies, and by labor organizations.

Charges of discriminatory employment practices by or on behalf of an individual or 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.

If reasonable cause is not found, the Commission issues a right to sue letter.

If reasonable cause is found, the charge is conciliated.

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.

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.

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Eligibility Requirements

Applicant Eligibility

Any aggrieved individual, or any individual, or any labor union, association, legal representative, or organization 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, an employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining.

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.

Aplication and Award Process

Preapplication Coordination

None.

This program is excluded from coverage under E.O.

12372.

Application Procedures

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 either by mail or in person at the approrpiate field office of the EEOC.

Award Procedures

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 ADA 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.

Authorization

Americans with Disabilities Act, Titles I & V, as amended, Public Law 101-336, 42 U.S.C. 12101-12117; 12201-12213; Rehabilitation Act of 1973, as amended, 29 U.S.C. 501, 505.

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.

Obigations

(Salaries and Expenses) Not seperately identifiable.

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines, and Literature

Publications are furnished free in limited quantities. Title I of the Americans with Disabilities Act; Procedural Regulations, 29 CFR Part 1601; Substantive Regulations, 29 CFR Part 1630 and Appendix to Part 1630-Interpretive Gudance on Title I of the Americans with Disabilities Act; Recordkeeping and Reporting Regulations, 29 CFR Part 1602; Coordination Regulations with the Department of Justice, 29 CFR Part 1640; Coordination Regulations with the Department of Labor, 29 CFR Part 1641. Interim Enforcement Guidance: Application of the Americans with Disabilities Act of 1990 to Disability-based Distinctions in Employer-Provided Health Insurance; Enforcement Guidance: Pre-employment Disability-Related Questions and Medical Examinations; Enforcement Guidance: Workers' Compensation and the ADA; EEOC Enforcement Guidance on The Americans with Disabilities Act and Psychiatric Disabilities; 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. 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 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); Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (revised Oct. 17, 2002); Instructions for Field Offices Analyzing ADA Charges After Supreme Court Decisions Addressing "Disability" and "Qualified"; 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: "Definition of the Term Disability;" Compliance Manual Section: "Threshold Issues;" Compliance Manual Section: "Retaliation;" Compliance Manual Section: "Compensation Discrimination;" Compliance Manual Section: "Employee Benefits" as revised, August 20, 2001. The Americans with Disabilities Act: A Primer for Small Business. Fact Sheet on Work At Home/Telework as a Reasonable Accommodation; Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedure; Questions and Answers About Blindness and Vision Impairments in the Workplace and the Americans with Disabilities Act; Question and Answers About the Association Provision of the Americans with Disabilities Act; Questions and Answers About Diabetes in the Workplace and the Americans with Disabilities Act; Questions and Answers About Epilepsy in the Workplace and the Americans with Disabilities Act; Questions and Answers About Persons with Intellectual Disabilities in the Workplace and the Americans with Disabilities Act; Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act. Contact: Publications Distribution Center 1-800-669-3362 (Voice) or 1-800-669-6820 (TTY), or Web Site at http://www.eeoc.gov. EEOC, 1801 L Street, NW, Washington, DC 20507.

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).

Criteria for Selecting Proposals

Not applicable.