Title: Americans with Disabilities Act (ADA)
Statute: 42 U.S.C. § 12203(a)
Governing Agency: United States Equal Employment Opportunity Commission (EEOC)
General Overview: Signed into law by President George H.W. Bush in 1990, this federal civil-rights statute prohibits discrimination of people based on their disabilities. Under the ADA, an individual with a disability is a person who:
Who is covered?:
-Employees of employers with over 15 employees
-Applicants of an employer with over 15 employees
-Applicants of an employment agency
-Members of a labor organization
-Individuals based on their relationship with a person with a disability
-Federal employees are included
*A charging party who alleges retaliation in violation of the ADA need not be a qualified individual with a disability.
Who is not covered?:
-In regards to Title I (Employment) the ADA does not apply to employers with less than 15 employees.
What is covered?:
-Individuals protected under the ADA cannot be retaliated or discriminated against for:
-complaining internally or externally about alleged discrimination
-threatening to file a charge
-picketing in opposition to discrimination
-refusing to obey an order reasonably believed to be discriminating
-Illegal retaliation by employers includes:
-discharge
-refusal to hire
-denial of promotions
-threats
-unjustified negative evaluations
-unjustified negative references
-increased surveillance
Note: Petty, slight actions are not considered acts of discrimination. Some of these include: annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.
How do I submit a claim?- a Step-by-Step Approach :
1. If you believe your employer has retaliated, coerced, or discriminated against you for partaking in protected conduct under the ADA, you must exhaust administrative remedies before filing a charge with the EEOC. If you have brought the discrimination and illegal activity to the attention of your employer, employment agency, or labor union, and no action is taken you may then file a charge with the EEOC.
2. As a party, you have 180 days from the date of the last alleged violation to file a charge with the EEOC. If you an employee of the federal government you have only 45 days to contact an EEO counselor. (federal employees click the EEO counselor link)
Filing a charge with the EEOC. (all other employees, applications, or labor union members use this link).
3. The EEOC will notify the employer of the charge, and being their investigation.
4. The EEOC may attempt to settle the charge, and refer it to their voluntary mediation program. This is a confidential process requiring the consent of both parties. Federal employees use the alternative dispute resolution program.
5. If a settlement cannot be reached, the EEOC may file a charge in federal court, if you are employed by a private employer. If you work for a public employer, the EEOC will refer the matter to the Employment Litigation Section of the Civil Rights Division within the U.S. Department of Justice.
6. After the investigation, the EEOC may decide to dismiss the charge. When a charge is dismissed the EEOC will issue a notice to the parties, and you now have the right to file a lawsuit in court on your own behalf within 90 days of the notice. Individuals who have filed a charge with the EEOC have a right to request this notice if they wish to proceed to court and the EEOC has not completed their process.
Rights and Remedies:
-Injunctions
-Prohibit employer, organization, business, or transportation agency from continuing to engage in unlawful practices
-Provide training sessions
-Reinstate employee with same seniority, duties, and responsibilities
-Hire employee if they were not hired based on disability
-Back pay (with interest, interim earning earned shall be subtracted)
-Reasonable attorney fees and other related litigation costs
Note: No punitive or compensatory damages are allowed.
Related Links:
How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers
Employment Rights as an Individual with Disabilities
Disclaimer. This website does not offer legal advice. This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.
Statute: 42 U.S.C. § 12203(a)
Governing Agency: United States Equal Employment Opportunity Commission (EEOC)
General Overview: Signed into law by President George H.W. Bush in 1990, this federal civil-rights statute prohibits discrimination of people based on their disabilities. Under the ADA, an individual with a disability is a person who:
- has a physical or mental impairment that substantially limits one or more major life activities;
- has a record of such an impairment; or
- is regarded as having such an impairment
Who is covered?:
-Employees of employers with over 15 employees
-Applicants of an employer with over 15 employees
-Applicants of an employment agency
-Members of a labor organization
-Individuals based on their relationship with a person with a disability
-Federal employees are included
*A charging party who alleges retaliation in violation of the ADA need not be a qualified individual with a disability.
Who is not covered?:
-In regards to Title I (Employment) the ADA does not apply to employers with less than 15 employees.
What is covered?:
-Individuals protected under the ADA cannot be retaliated or discriminated against for:
-complaining internally or externally about alleged discrimination
-threatening to file a charge
-picketing in opposition to discrimination
-refusing to obey an order reasonably believed to be discriminating
-Illegal retaliation by employers includes:
-discharge
-refusal to hire
-denial of promotions
-threats
-unjustified negative evaluations
-unjustified negative references
-increased surveillance
Note: Petty, slight actions are not considered acts of discrimination. Some of these include: annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.
How do I submit a claim?- a Step-by-Step Approach :
1. If you believe your employer has retaliated, coerced, or discriminated against you for partaking in protected conduct under the ADA, you must exhaust administrative remedies before filing a charge with the EEOC. If you have brought the discrimination and illegal activity to the attention of your employer, employment agency, or labor union, and no action is taken you may then file a charge with the EEOC.
2. As a party, you have 180 days from the date of the last alleged violation to file a charge with the EEOC. If you an employee of the federal government you have only 45 days to contact an EEO counselor. (federal employees click the EEO counselor link)
Filing a charge with the EEOC. (all other employees, applications, or labor union members use this link).
3. The EEOC will notify the employer of the charge, and being their investigation.
4. The EEOC may attempt to settle the charge, and refer it to their voluntary mediation program. This is a confidential process requiring the consent of both parties. Federal employees use the alternative dispute resolution program.
5. If a settlement cannot be reached, the EEOC may file a charge in federal court, if you are employed by a private employer. If you work for a public employer, the EEOC will refer the matter to the Employment Litigation Section of the Civil Rights Division within the U.S. Department of Justice.
6. After the investigation, the EEOC may decide to dismiss the charge. When a charge is dismissed the EEOC will issue a notice to the parties, and you now have the right to file a lawsuit in court on your own behalf within 90 days of the notice. Individuals who have filed a charge with the EEOC have a right to request this notice if they wish to proceed to court and the EEOC has not completed their process.
Rights and Remedies:
-Injunctions
-Prohibit employer, organization, business, or transportation agency from continuing to engage in unlawful practices
-Provide training sessions
-Reinstate employee with same seniority, duties, and responsibilities
-Hire employee if they were not hired based on disability
-Back pay (with interest, interim earning earned shall be subtracted)
-Reasonable attorney fees and other related litigation costs
Note: No punitive or compensatory damages are allowed.
Related Links:
How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers
Employment Rights as an Individual with Disabilities
Disclaimer. This website does not offer legal advice. This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.
