Disability discrimination in the workplace is a serious issue, and many employees or job applicants may not know how to take action when faced with such unfair treatment. Fortunately, the Equal Employment Opportunity Commission (EEOC) exists to protect workers’ rights and ensure fair treatment under anti-discrimination laws, including the Americans with Disabilities Act (ADA). If you experience such discrimination, you should know how to file an EEOC Complaint for Disability Discrimination.
So, if you or a family member has been discriminated against due to a disability, understanding how and when to file an EEOC complaint is crucial. We believe that a person’s disability shouldn’t lead to adverse employment decisions.
Similarly, a charge of discrimination should be well-supported with evidence to hold responsible parties accountable. This guide will walk you through the process, explaining who can file, what qualifies as disability discrimination, and what steps you need to take.
Understanding Disability Discrimination in the Workplace
Disability discrimination occurs when an employer, employment agency, or federal agency treats a person unfairly due to their disability. The Americans with Disabilities Act (ADA) and Rehabilitation Act prohibit such treatment and require employers to provide reasonable accommodations unless it causes undue hardship to the business.
Examples of Disability Discrimination
To help you better understand what constitutes adverse employment action due to a disability, here are a few examples:
- An employee with a mobility impairment requests a reasonable accommodation, such as a wheelchair-accessible workspace, but the employer refuses.
- A job applicant with a hearing disability is denied an interview because they requested a sign language interpreter.
- A worker discloses their disability, and their supervisor begins to assign them fewer job assignments or isolates them from team activities.
- An employer fires or demotes an employee after learning about their medical condition.
If you have experienced any of the above or similar scenarios, you may have grounds to file a charge with the EEOC.
Who Can File an EEOC Complaint?
Anyone who believes they have been discriminated against at work due to their disability has the right to file a complaint. This includes:
- Employees who have faced discrimination, harassment, or retaliation.
- Job applicants who were denied employment due to their disability.
- Former employees who experienced discrimination before leaving the company.
- Family members of an individual with a disability if they were discriminated against because of their association.
The EEOC also protects individuals from retaliation for reporting discrimination, ensuring that employers cannot penalize employees for filing a complaint. If you think you qualify for an EEOC complaint, we recommend seeking help from an experienced employment lawyer.
When Should You File an EEOC Complaint?
The EEOC process has strict time limits. Generally, you must file a charge within 180 days of the date when the discrimination occurred. However, if your state has a local agency enforcing anti-discrimination laws, you may have up to 300 days to file.
For federal employees, the time limit is shorter—you must contact an EEOC office within 45 days of the discriminatory action.
If you are unsure about your deadline, it’s best to act as soon as possible.
How to File an EEOC Complaint
There are several ways to file a charge with the EEOC, making it accessible for individuals with disabilities. Below is a step-by-step guide to the process.
1. Gather Evidence
Before filing your complaint, collect any supporting documents or information, such as:
- Emails, texts, or letters that show discriminatory behavior.
- Statements from coworkers who witnessed the discrimination.
- Performance reviews before and after the incident.
- Records of reasonable accommodation requests and the employer’s response.
2. File a Complaint Online
The EEOC allows you to submit an online inquiry through its website. After submitting your information, an EEOC representative will schedule an interview to discuss your case.
3. Visit the Nearest EEOC Office
You can also file in person at your nearest EEOC office. It’s recommended that you make an appointment in advance. If you need assistance, such as a sign language interpreter, inform them beforehand.
4. File by Mail
To file a complaint by mail, send a letter with the following details:
- Your name, address, and telephone number.
- Your employer’s name, address, and contact details.
- “A description of the discrimination that occurred.
- The date(s) of the discriminatory actions.
Mail your letter to the EEOC’s main office or a local government office handling discrimination cases.
5. File by Phone
You can also call the ADA Information Line or EEOC’s civil rights division to begin your complaint process.
What Happens After Filing a Complaint?
Once your EEOC charge is filed, the commission will investigate your case. Here’s what you can expect:
- Investigation – The EEOC will gather evidence, interview witnesses, and request information from your employer.
- Mediation – In some cases, the EEOC offers mediation to resolve the dispute without a formal investigation.
- Employer’s Response – Your employer may respond to the complaint, either denying or providing justification for their actions.
- Legal Action – If the EEOC finds merit in your complaint but cannot reach a resolution, they may file a lawsuit on your behalf. Alternatively, you will receive a “right-to-sue” letter, allowing you to take your case to federal court.
Can You File a Lawsuit for Disability Discrimination?
Yes. If the EEOC cannot resolve your case, you may file a lawsuit against your employer. However, you must first receive a right-to-sue letter from the EEOC.
Example Case:
- Sarah, a software engineer, was diagnosed with multiple sclerosis. She requested to work remotely as a reasonable accommodation, but her employer refused.
- After facing retaliation and negative performance reviews, she filed an EEOC complaint
- The EEOC investigated her case and found evidence of disability discrimination. When mediation failed, she received a right-to-sue letter and took her employer to federal court, winning her case.
What If the Employer Retaliates?
It is illegal for an employer to punish or retaliate against you for:
- Filing a complaint with the EEOC.
- Participating in an EEOC process or investigation.
- Requesting a reasonable accommodation.
- Opposing discrimination based on disability.
If you experience retaliation, report it immediately to the EEOC. After all, workplace-based discrimination is a serious offense and should be handled legally.
Final Thoughts
Filing an EEOC complaint for disability discrimination as a veteran or non-veteran is a critical step toward justice. Whether you are a federal employee, private-sector worker, or job applicant, understanding your rights under anti-discrimination laws empowers you to take the necessary legal steps.
If you believe you’ve been discriminated against, don’t wait—file a charge, seek assistance, and stand up for your rights in the workplace.
For more information, visit the EEOC’s official website or contact your nearest EEOC office. However, if you’re seeking legal guidance, Bourassa Law Group‘s employment lawyers can help you find legal remedies to your problems. We can also assist you with ADA complaints, ensuring you have all the help you need.
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