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

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of people who might be witnesses. It makes the interview go faster and allows you to make one trip to theoffice. If you are going to the EEOC office, go as early as possible, but no later than 2:00 p.m. if you want to beseen the same day.If at all possible, do not wait until near the end of the deadline to file a charge. The sooner the charge iscompleted, the sooner an investigation may begin. Facts generally are easier to remember and verify closer tothe actual events. As time passes, employees who were witnesses may leave the company . If you are filingwith the ACRD and have less than one week to file, you should go to the ACRD office in person rather thancalling for an appointment.If you have missed any of the deadlines for filing a charge as outlined in this guide, call the ACRD orEEOC anyway. There may be grounds for accepting your complaint beyond the deadline.3. Accommodations in the Charge ProcessRequest in writing any accommodation you need for the charge process, investigation, or conciliationefforts and send the request to the intake officer or investigator assigned to the case. Date the request and keepa copy for your records. The law does not require the request to be in writing, but a written request will beproof that you provided notice about your needs. If the request is denied, contact a supervisor at the EEOC orACRD and make the request. If that fails, contact the ADA Coordinator for the ACRD or the Section 504Coordinator for EEOC to request a review of the denial not to provide the accommodation. If all these stepsfail, contact the staff at the ACDL for more information.4. Contacts with AgencyThe case will be assigned a charge number at the beginning of the process. Keep a record of thatnumber and use the number when calling the ACRD or EEOC for information about your charge.Respond promptly to requests for information from either the investigator or the intake officer. Do notignore requests for information from the ACRD or EEOC or the agency may dismiss the case without furtherinvestigation. If you have difficulty getting the information in the time given to you, ask for an extension.Make your request in writing. Date the request and keep a copy for your records.Keep the EEOC or ACRD office informed of any changes in your address or telephone number so thatthere is no difficulty keeping in touch with you.5. Acceptance of ChargeYou have a right to file a charge of employment discrimination under the ADA. The ACRD andEEOC have different procedures for accepting charges. The EEOC accepts most charges but dismisses charges22
early if the agency does not believe the facts support that the employer violated the ADA. The ACRD screenscharges more closely than the EEOC does and refuses to accept the charge if the staff does not believe theindividual has stated enough facts that, if proven, would be a violation of the ADA. It is important to file acharge because if the agency does not take your charge, you will not get a right to sue letter. Without a right tosue letter, you cannot later file a private lawsuit based on Title I of the ADA (or for the ACRD, the ArizonaCivil Rights Act). You must file a charge to protect your right to file with the court.To avoid a misunderstanding, be sure to provide enough information to show thatyou have a disability;you were qualified for the position;the employer discriminated against you, failed to accommodate you, or took other actionprohibited by the ADA because of your disability; andthe employer is covered by the ADA.If the intake officer refuses to take your charge, you can ask a supervisor to review the decision. If youstill are not permitted to file a charge, contact the ACDL’s office to complain. If the ACRD refuses to acceptyour charge under the state law, you may ask them to prepare it and send it to the EEOC for investigation underthe federal law. If ACRD refuses, contact the EEOC directly to file the charge.6. Information for the InvestigatorThe EEOC and ACRD are understaffed. If you can assist the investigation by providing usefulinformation to the investigator, it will help move the charge along faster. For example, you should take steps toassist the investigator in understanding the situation. One important tool to provide to the investigator is achronology or timeline that gives the dates and events that have occurred. See the Appendix for a samplechronology.a. WitnessesOther information to provide is a list of possible witnesses. The list should include full names,addresses, and telephone numbers. It is better if you can provide home telephone numbers. If you know, youshould indicate whether any of the witnesses are management.The charging party should list the most important witnesses first. In most cases, the EEOC or ACRDcannot and will not interview 25 or more witnesses. It is more likely that 3 - 15 witnesses might be intervieweddepending upon the circumstances. In your list, indicate who are the most important witnesses and whatinformation each may provide.23
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 and 20: the type of discrimination (e.g., d
Page 21 and 22: For example, the investigator may a
Page 23 and 24: litigate, it will send the charging
Page 25: the employee to find an effective a
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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