Processing a Discrimination Claim with the EEOC

A victim of employment discrimination should file his or her claim as soon as possible after the discrimination has occurred.  A job applicant or employee who has experienced employment discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, can file a “Charge of Discrimination,” with the Equal Employment Opportunity Commission (EEOC), the federal agency enforcing most anti-discrimination laws.  A victim of discrimination is required to file a Charge of Discrimination with the EEOC before he or she can proceed to file a discrimination lawsuit in court.

Time limits, in general

Generally, a claimant who is not a federal employee or federal job applicant must file 180 calendar days after the discrimination took place. However, this filing deadline is extended to 300 calendar days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis.

If you need assistance with filing a Charge of Discrimination with the EEOC, contact us for a free, no obligation consultation.

How do I prove disability discrimination at my job?

An employer cannot treat a qualified individual who is an employee or applicant unfavorably because they have a disability.  Additionally, it may also be unlawful if an employer treats an applicant or employee less favorably because they have a history of a disability (such as a past serious illness), or because they are believed to have a physical or mental impairment that is long lasting.

An employer must provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

To prove that you have been illegally discriminated against due to your disability, you must show that

1. the employer is subject to the ADA;
2. the employee is disabled as defined by the ADA, has a record of impairment, or is perceived to be so by the employer;
3. the employee is able to perform essential functions of the job, either with or without reasonable accommodation; and
4. the employer took an adverse employment action against the employee because of, in whole or in part, the employee’s protected disability.

The ADA and the EEOC require an employer to provide reasonable accommodations to employees and job applicants with a disability unless it would cause significant difficulty or expense for the employer.

According to the EEOC, a reasonable accommodation is any change in the work environment  to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Reasonable accommodations, for example, might include making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.

If you believe you are being discriminated against because of your disability, contact us for a free, no obligation consultation.

It is unlawful for employers across the country to discriminate against employees or job applicants because of their race.  According to the Equal Employment Opportunity Commission (EEOC), thousands of race discrimination claims are filed every year.

What Is Race Discrimination?

Race discrimination occurs when an employer makes job-related decisions based on an employee’s race. Federal and state laws prohibit race discrimination in every employment-related scenario. For example, an employer can’t make decisions based on a person’s race while hiring, firing, promoting, compensating, job training, or discipline.

Common forms of racial discrimination include:

• A demotion, lay-off, or outright termination;
• A refusal to hire someone;
• Denying or decreasing a person’s benefits, salary or wages, number of job assignments, promotion opportunities, or cases for additional training;
• Direct threats or generally unpleasant behavior that eventually force someone to quit; or
• Refusing to provide similar accommodation or treatment for someone of a different race or ethnicity.

Gather Evidence

There are few instances where race discrimination only occurs once; however, in most cases, employees face discrimination on a regular basis.  It is important to keep a log of the date, time, and location where the incident took place. Also, take note of witnesses and what occurred when you experienced discrimination. This will help you prove that there is a pattern of unlawful racial discrimination.

If you believe you are being discriminated against because of your race, contact us for a free, no obligation consultation.

The Family and Medical Leave Act (FMLA) provides most employees with job protected leave for specified family and medical reasons. Under the FMLA, maternity leave (time to care for a newborn child or newly adopted child) and disability leave is protected.

The FMLA provides eligible employees with up to 12 weeks of unpaid, job protected leave per year. The act further provides that, while employees are on FMLA leave, all group health benefits must be maintained. FMLA leave can be used for the following reasons:

• The birth and care of a newborn child
• The employee is unable to work due to their own serious health condition or temporary disability
• Placement of a child for adoption or foster care
• To care for an immediate family member with a serious health condition or temporary disability

Most, but not all employees, are eligible for protections provided by the FMLA. Employees are eligible for FMLA leave if they meet these qualifications:

• The individual is employed by a public agency, a public or private elementary or secondary school, or a private company with 50 or more employees within a 75-mile radius
• The employee has worked for their employer for at least one year
• The employee has worked at least 1,250 hours during the previous year

Despite clear protections provided by the FMLA, some employers violate an employee’s rights regarding disability or maternity leave.  Common examples of FMLA violations include:

• Denying rightfully due disability or maternity leave
• Telling an employee that their job will not be protected while they are on leave
• Retaliating against an employee for taking disability or maternity leave (i.e, harassment, demotion, denying a promotion or other job opportunities)
• Terminating an employee for using disability or maternity leave

If you suspect an employer of violating your rights regarding disability or maternity leave, contact us for a free, no obligation consultation.