How to File a Title I Complaint
The U.S. Equal employment Opportunity Commission (EEOC) has responsibility
for enforcing compliance with Title I of the ADA. An individual
with a disability who believes that (s)he has been discriminated
against in employment can file a charge with EEOC. The procedures
for processing charges of discrimination under the ADA are the same
as those under Title VII of the Civil Rights Act of 1964 (see below).
If you have been discriminated on the basis of disability, you
are entitled to a remedy that will place you in the position you
would have been in if the discrimination had never occurred. You
may be entitled to hiring, promotion, reinstatement, back pay or
other remuneration, or reasonable accommodation including reassignment.
You may also be entitled to damages to compensate you for future
pecuniary losses, mental anguish and inconvenience. Punitive damages
may be available, as well, if an employer acted with malice or reckless
indifference. You may also be entitled to attorney’s fees.
Filing a Charge
If you believe you have been discriminated against by an employer,
labor union or employment agency when applying for a job or while
on the job because of your race, color, sex, religion, national
origin, age, or disability, or believe that you have been discriminated
against because of opposing a prohibited practice or participating
in an equal employment opportunity matter, you may file a charge
of discrimination with the U.S. Equal Employment Opportunity Commission
(EEOC).
Charges may be filed in person, by mail or by telephone by contacting
the nearest EEOC office. If there is not an EEOC office in the immediate
area, call toll free 800-669-4000 or 800-669-6820 (TDD) for more
information. To avoid delay, call or write beforehand if you need
special assistance, such as an interpreter, to file a charge.
There are strict time frames in which charges of employment discrimination
must be filed. To preserve the ability of EEOC to act on your behalf
and to protect your right to file a private lawsuit, should you
ultimately need to, adhere to the following guidelines when filing
a charge.
Title VII of the Civil Rights Act (Title VII) charges must be filed
with EEOC within 180 days of the alleged discriminatory act. However,
in states or localities where there is an antidiscrimination law
and an agency authorized to grant or seek relief, a charge must
be presented to that state or local agency. Furthermore, in such
jurisdictions, you may file charges with EEOC within 300 days of
the discriminatory act, or 30 days after receiving notice that the
state or local agency has terminated its processing of the charge,
whichever is earlier. It is best to contact EEOC promptly when discrimination
is suspected. When charges or complaints are filed beyond these
time frames, you may not be able to obtain any remedy.
Americans with Disabilities Act (ADA) - The time requirements for
filing a charge are the same as those for Title VII charges.
This page was last modified on June 10, 1997.
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