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

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sometimes taking more than a year. 5However, the following generally occurs in each investigation:1. Assignment of an InvestigatorAn investigator, who is assigned to handle the case, is the contact person for both theemployee/applicant who filed the charge and the employer. Generally, any letters that come from the agencywill be sent by the investigator. The investigator is in charge of gathering the facts to determine whether thereis reasonable cause to believe—in other words, whether it is more likely than not—that discrimination hasoccurred. Investigators will also help the parties explore whether the charge can be settled. If the matter can besettled before the investigation concludes, the parties will enter into a No-Fault Settlement Agreement. A "No-Fault Settlement Agreement" is an agreement in which the employer agrees to provide certain relief to thecomplaining party if s/he will withdraw the charge and not take any further legal action against the employer.Do not expect to work directly with an attorney from the agency or receive legal advice on whether to settle.2. Notification to RespondentWithin 10 days after receipt of a charge, the agency must serve the employer with a copy. The agencyasks the employer to send a response to the agency about the charges of discrimination, called a "positionstatement." Employers are usually given 30 days from the date they receive the charge to respond. The agencywill almost always grant an extension of time if an employer asks for one.3. Information ReviewThe EEOC and ACRD begin their investigations by reviewing information received from the chargingparty during the intake or additional information provided later. The investigator compares that information tothe employer’s response . The investigator will usually give both sides an opportunity to give additionalinformation to prove that its position is correct.4. Information RequestEEOC or ACRD may also request information from either the charging party or the employer. Theinvestigator has the authority to request additional information from the employer.5 A charging party may choose not to wait for the EEOC to reach a conclusion. The charging party may request a rightto sue letter at any time. If 180 days have passed since the party filed the charge of discrimination or if 180 days have notpassed and the EEOC determines that it will not be able to process the charge within 180 days, the EEOC will issue aright to sue letter. However, when a right to sue letter is issued, the charging party only has 90 days from the receipt ofthe right to sue letter to file a lawsuit under Title I.16
For example, the investigator may ask the employer to answer a series of written questions or providecopies of records, such as: specific information on the issues raised in the charge; the names, addresses, and telephone numbers of witnesses who can provide evidence aboutissues on the charge; information about the business operation, hiring procedures, policies, and practices; and personnel and payroll records.The agency can issue a subpoena to get the information if the employer does not voluntarily provide it.If the employee or applicant does not provide the investigator with information that is requested, the agency candismiss the charge for lack of cooperation.5. Witness InterviewsThe EEOC and ACRD have the authority to interview witnesses who have knowledge of acts of whichthe employee/applicant has complained. The EEOC and ACRD may interview managers, co-workers, andwitnesses to the events. The agencies have the authority to subpoena a witness to give testimony if the witnesswill not cooperate.6. Additional EvidenceAn employer or employee/applicant may also submit additional oral or written evidence on its ownbehalf. Both the employer and the employee/applicant may be asked to attend a conference to review theallegations, obtain additional evidence, or seek to resolve a charge through settlement.7. Dismissal of ChargeThe EEOC and ACRD may dismiss a charge during the course of the investigation for various reasons,including that the charge is not timely filed or if it finds that the employer is not covered by the ADA (because,for example, the employer has fewer than 15 employees). The charge may also be dismissed if, afterpreliminary review, the EEOC determines that further investigation would not necessarily result in any findingof discrimination. Upon dismissal of the charge, the EEOC sends the charging party a notice of right to sue.8. Preliminary FindingsAlthough the EEOC and ACRD dismiss many cases based on their limited resources, they sometimesinform the charging party and the respondent of the preliminary findings of the investigation, whether there iscause to believe that discrimination has occurred, and the type of relief that may be necessary. In that case, bothparties will be provided an opportunity to give further information to the agency, or if possible, reach a17
Page 1: How to Enforce Employment Rights Un
Page 4 and 5: Sample Charge Form (ACRD/EEOC) 35Sa
Page 6 and 7: There are limits to the types of la
Page 8 and 9: discrimination with the EEOC agains
Page 10 and 11: discrimination has been issued, the
Page 14 and 15: Example of a charge filed by a pers
Page 16: D. How To File A Charge Of Discrimi
Page 19: the type of discrimination (e.g., d
Page 23 and 24: litigate, it will send the charging
Page 25 and 26: the employee to find an effective a
Page 27 and 28: early if the agency does not believ
Page 29 and 30: efore you sign, let the staff of th
Page 31 and 32: Sample EEOC Intake QuestionnaireTit
Page 33 and 34: ALLEGATIONS OF DISCRIMINATION (p. 3
Page 39 and 40: Sample Charge Form (ACRD/EEOC)Title
Page 41 and 42: Sample Notice of Right to Sue Lette
Page 43 and 44: Section 706(f) (1) and (f) (3) of t
Page 45: Sample ChronologyChronologyRaul Cha

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