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

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D. <strong>How</strong> To File A Charge Of Discrimination1. Accommodations By <strong>the</strong> <strong>Enforce</strong>ment Agencies<strong>Under</strong> Section 504 of <strong>the</strong> Rehabilitation Act, EEOC must make its programs accessible <strong>to</strong> andusable by people <strong>with</strong> disabilities. <strong>Under</strong> Title II of <strong>the</strong> ADA, <strong>the</strong> ACRD must do <strong>the</strong> same. Bothagencies must provide effective accommodations <strong>to</strong> people <strong>with</strong> disabilities. Accommodations shouldbe determined on a case-by-case basis based on <strong>the</strong> needs of each individual.Albert is deaf. He calls on Arizona Relay (a service for deaf telephone callers) <strong>to</strong> make anappointment for his charge <strong>to</strong> be filed. He requests a sign language interpreter for <strong>the</strong> interviewbecause he uses American Sign Language and does not understand English. He has been deafsince birth and does not read lips very well. The ACRD/EEOC must provide <strong>the</strong> accommodationso that he can be effectively interviewed about his case.Jodie has mild mental retardation. She does not understand <strong>the</strong> information requested on <strong>the</strong> form.An intake officer may need <strong>to</strong> explain in simpler terms what information is needed.2. Where <strong>to</strong> Go <strong>to</strong> File a ChargeIf an individual believes that s/he has been discriminated against in employment because of adisability, <strong>the</strong>n s/he may file a charge of discrimination <strong>with</strong> <strong>the</strong> EEOC. There is no fee or cost for filinga charge of discrimination <strong>with</strong> <strong>the</strong> EEOC. It is not necessary <strong>to</strong> have an at<strong>to</strong>rney file <strong>the</strong> charge on yourbehalf. An individual may contact <strong>the</strong> EEOC on his or her own behalf <strong>to</strong> request that a charge be filed.<strong>How</strong>ever, an individual may prefer <strong>to</strong> consult <strong>with</strong> an at<strong>to</strong>rney for advice or assistance in <strong>the</strong> chargeprocess.The EEOC will take charges of discrimination under <strong>the</strong> ADA from anyone who believes s/hehas been subjected <strong>to</strong> employment discrimination. 4EEOC office or calling <strong>the</strong> office. Its address and telephone number are:United States Equal <strong>Employment</strong> Opportunity Commission3300 North Central AvenueSuite 690Phoenix, AZ 85012(602) 640-5000 (Voice)An individual may start <strong>the</strong> process by going <strong>to</strong> <strong>the</strong>4 Some charges filed directly <strong>with</strong> <strong>the</strong> EEOC by a person from Tucson or Sou<strong>the</strong>rn Arizona may be transferred <strong>to</strong> <strong>the</strong>Tucson ACRD for investigation.12

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