Employment Discrimination-Title I of The Americans with Disabilities Act (30.011)
Program
30.011 Employment Discrimination-Title I of The Americans with Disabilities Act
Federal Agency
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Authorization
Americans with Disabilities Act, Title I, as amended, 42 U.S.C. 12101 et seq.
Program Number
30.011
Last Known Status
Active
Objectives
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; Investigation of Complaints.
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.
Application and Award Process
Preapplication 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
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.
Program Accomplishments
In fiscal year 2002, received 15,958 charges and resolved 18,804 which monetarily benefited 2,674 persons in the sum of $49,971,957. In fiscal year 2002, EEOC filed 42 merit lawsuits raising ADA issues either as a sole statute or concurrent with other statutes and resolved 61 merit suits by consent decree, settlement agreement or judgment, with a direct monetary benefit of $12,091,518. Projected data unavailable for fiscal years 2003 and 2004.
Financial Information
Account Identification
45-0100-0-1-751.
Obligations
(Salaries and Expenses) FY 02 included in program 30.001; FY 03 est included in program 30.001; and FY 04 est included in program 30.001.
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 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); Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (revised Oct. 17, 2002) and note punctuation change; 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: "Threshold Issues"; Compliance Manual Section: "Retaliation"; Compliance Manual Section: "Compensatory Discrimination"; Compliance Manual Section: "Employee Benefits" as revised, August 20, 2001. The Americans with Disabilities Act: A Primer for Small Business. 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.
Related Programs
16.101, Equal Employment Opportunity; 16.200, Community Relations Service; 17.301, Non-Discrimination and Affirmative Action by Federal Contractors and Federally Assisted Construction Contractors; 17.303, Wage and Hour Standards; 17.700, Women's Bureau; 29.001, Clearinghouse Services, Civil Rights Discrimination Complaints; 30.001, Employment Discrimination_Title VII of the Civil Rights Act of 1964; 30.002, Employment Discrimination_State and Local Fair Employment Practices Agency Contracts; 30.008, Employment Discrimination_Age Discrimination in Employment; 30.010, Employment Discrimination_Equal Pay Act; 93.001, Civil Rights Compliance Activities.
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).
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
