How to Enforce Employment Rights Under the Americans with ...

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Example of a charge filed by a person based on associational discrimination. Erin is an applicantfor a position as a nurse at a hospital clinic. When asked what shift she prefers, she asks for thenight shift so she can be at home during the day to supervise her young son who has a mentalillness. Thomas, the personnel director for the hospital, withdraws the job offer, because he fearsthat Erin's son will need costly psychiatric care that will be a drain on the hospital's self-insuranceprogram. Erin may file a charge of discrimination with the EEOC for discrimination in this hiringdecision, even though she does not have a disability. She would file as an individual who has beendiscriminated against because of her association with her son, who has a disability.Example of filing a charge because of retaliation. Brad is a person who has mild mentalretardation. When he applies to be a server at a cafeteria, he overhears the manager tell Sandra, thecashier, not to give him an application because he does not want to hire "people like that." Bradfiles a charge of discrimination with the EEOC. Brad tells the investigator about the comment thatwas made to the cashier. The investigator interviews Sandra and she tells the investigator what hersupervisor said to her. The manager fires Sandra for cooperating with the investigation. Eventhough she is not disabled, Sandra may file a charge of retaliation with the EEOC because she wasfired for cooperating with the investigation of an ADA complaint.In some cases, the EEOC may file a “Commissioner’s Charge” based on information provided toit by the public. This type of charge is filed when the EEOC has information of a larger discriminationissue and no one has filed a charge. Also, an individual, group, or organization can file a charge onbehalf of another person. Sometimes a person or organization becomes aware that an employer isdiscriminating against someone on the basis of a disability. However, there is not an individual who iswilling to come forward and file a charge of discrimination. In this case, the EEOC will allow a groupor individual to file on behalf of another for the discrimination by the employer. This type of charge iscalled a "Third Party Charge.”Example of a Third Party Charge. Elisabeth is a job developer. She works for a non-profit agencythat helps people with disabilities find jobs in the community. To help develop possible jobsources, she collects applications from different employers in the community. As she is reviewingthe applications to help her clients apply for jobs, she discovers that the application has an illegalquestion about disability. If none of her clients wishes to file a charge, Elisabeth may file a ThirdParty Charge of discrimination with the EEOC.3. Who are the Parties in the Charge Process?The individual, group, or organization that files a charge is called the “charging party".The private employer, state or local government, employment agency, labor union, or joint labor10
management committee whom the charge is against is called the "respondent". The EEOC is also aparty in the charge process as the “enforcement agency”. For more information about who is protectedby the ADA, see the Center's guide, An Overview of the Employment Protections of the Americans withDisabilities Act.4. Why is a Charge Filed?Filing a charge of disability discrimination is a necessary step if an individual wants to later file a privatelawsuit under Title I of the ADA. The following are examples of discrimination where charges could befiled: an employer refuses to provide an accommodation to an employee that is not too expensive ordisruptive to the business;an employer asks illegal, disability-related questions on an application;an employer reveals confidential, medical information about an employee to co-workers;an employer decides not to hire a qualified individual because she will need an accommodation;an employer fires an employee who was performing satisfactorily because the employer learnsthe employee has a mental illness;an employer has an insurance plan that puts caps on treatment for people diagnosed with AIDS;an employer only requires entry medical examinations for people with obvious disabilities;an employer pays people with disabilities less than other co-workers doing the same work.These are examples of some discriminatory actions. There are many other actions by an employer that mayviolate Title I of the ADA.11
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Page 29 and 30: efore you sign, let the staff of th
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