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

Agency: Equal Employment Opportunity Commission

Authorization

Americans with Disabilities Act, Title I & V, as amended Public Law 101-336, 42 u.S.C. 12101-12117; 12201-12213d; Rehabilitation Act of 1973, as amended, 29 U.S.C. 791-794a.

Program Number

30.011

Last Known Status

Active

Objectives

The Americans with Disabilities Act (ADA) prohibits employment discrimination against applicants or employees based on disability. The ADA also prohibits retaliation against applicants or employees who oppose employment practices that discriminate based on disability or who file a discrimination charge, testify, or participate in any way in an investigation, proceeding, or litigation under the ADA.

Types of Assistance

ADVISORY SERVICES AND COUNSELING; INVESTIGATION OF COMPLAINTS

Uses and Use Restrictions

Individuals are protected from discrimination on the basis of disability by employers with 15 or more employees, including Federal, state, and local governments, employment agencies, and labor organizations. The EEOC Assessment System, available at https://apps.eeoc.gov/eas/, enables individuals to determine whether EEOC is the appropriate agency to contact regarding discrimination, harassment or retaliation. 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 may 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.

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 or 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. This program is excluded from coverage under OMB Circular No. A-87.

Application 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 Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. 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 Procedure

A charge is sufficient when the Commission receives from the person making the charge a written 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.

Deadlines

Not Applicable.

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. 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. 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 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.

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

Audits

Not Applicable.

Records

Not applicable.

Program Accomplishments

Fiscal Year 2008: In fiscal year 2008, EEOC received 19,453 charges of disability discrimination, resolved 15,708 disability discrimination charges, and recovered $57.2 million in monetary benefits for 2,908 charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). In fiscal year 2008, EEOC filed 37 merits lawsuits raising ADA issues solely or concurrently with issues arising from other statutes and resolved 47 merits suits with monetary benefits of $3.5 million. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

45-0100-0-1-751.

Obligations

(Salaries) FY 08 not reported.; FY 09 est not reported.; FY 10 est not reported. - (Salaries and expenses) Not separately identifiable.

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines and Literature

Publications are available on the EEOC web site (www.eeoc.gov). To request documents in alternative formats (Braille, large print, etc), contact EEOC�s Office of Communications and Legislative Affairs at (202) 663-4191 or (202) 663-4494 (TTY). Regulations: 29 CFR 1601, Procedural Regulations and Guidelines; 29 CFR 1602, Recordkeeping and Reporting Regulations; 29 CFR 1630, Substantive Regulations; 29 CFR 1640, Coordination Regulations with the Department of Justice; 29 CFR 1641, Coordination Regulations with the Department of Labor. Enforcement guidances and policy documents include: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities; Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans With Disabilities Act; Enforcement Guidance: Application Of The ADA To Contingent Workers Placed By Temporary Agencies And Other Staffing Firms; EEOC Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation; Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (ADA); EEOC Policy Guidance on Executive Order 13145: To Prohibit Discrimination in Federal Employment Based on Genetic Information; EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities; EEOC Enforcement Guidance: Workers� Compensation and the ADA; ADA Enforcement Guidance: Pre-employment Disability-Related Questions and Medical Examinations; Interim Enforcement Guidance on the Application of the Americans with Disabilities Act of 1990 to Disability-based Distinctions in Employer Provided Health Insurance; Enforcement Guidance on Application of Title VII and the Americans with Disabilities Act to Conduct Overseas and to Foreign Employers Discriminating in the United States. Compliance Manual: Section 902: Definition of the Term �Disability�; Section 2: Threshold Issues; Section 3: Employee Benefits; Section 8: Retaliation. Technical assistance documents, reports and fact sheets include: Questions and Answers: Promoting Employment of Individuals with Disabilities in the Federal Workforce; Applying Performance and Conduct Standards To Employees With Disabilities; Veterans with Service-Connected Disabilities in the Workplace and the ADA; Veterans with Service-Connected Disabilities in the Workplace and the ADA-A Guide for Employers; Reasonable Accommodations for Attorneys with Disabilities; The Family and Medical Leave Act, the ADA, and Title VII of the Civil Rights Act of 1964; The ADA: A Primer for Small Business; The ADA: Your Responsibilities as an Employer; The ADA: Your Employment Rights as an Individual With a Disability; Job Applicants and the ADA; Small Employers and Reasonable Accommodation; Work At Home/Telework as a Reasonable Accommodation; Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures; How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers; Final Report on Best Practices For the Employment of People with Disabilities In State Government; Questions and Answers about Health Care Workers and the Americans with Disabilities Act; Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act; Questions and Answers about Blindness and Vision Impairments in the Workplace and the ADA; Questions 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.

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 and Privacy Rule Compliance Activities

Information Contacts

Regional or Local Office

See Regional Agency Offices. Any EEOC Office listed in Appendix IV of the Catalog.

Headquarters Office

Equal Employment Opportunity Commission 131 M Street, NE, Washington, District of Columbia 20507 Phone: 202-663-4900/202-663-4494(TTY)

Web Site Address

http://www.eeoc.gov.

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.