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

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. DocumentsIf you have copies of documents or other paperwork that might be useful, provide them to theinvestigator. Examples of documents may be copies of company policies related to the claim, such asaccommodation procedures.If there is information that is in the control of the employer that is not available to the employee orapplicant, you may wish to make a list of documents that you want the investigator to request. Employeesshould not take or copy employee records that would not otherwise be available to them for purposes of theinvestigation because it may give an employer legitimate grounds for discharging the employee.7. Mediation or Alternative Dispute Resolutiona. Advantages/disadvantagesBoth the ACRD and EEOC offer mediation as a method to attempt resolving employment disputes.Mediation is a free, informal conference in which the employer and employee/applicant attempt to reach asettlement. A trained mediator meets with the parties to facilitate an agreement. Participation in the mediationis voluntary. The advantages to attempting to mediate are that: it is quicker, it involves no cost to the parties, and the parties learn about the other party's position.The disadvantage is that in some cases, employees or applicants feel intimidated and agree to settle forless than might be fair.b. Attorneys at MediationOne way to minimize this disadvantage for employees or applicants is to ask to bring an attorney toassist you at the mediation or to have the proposed settlement agreement reviewed by an attorney before yousign it. At the ACRD, if an attorney does come to the mediation, s/he may be expected to play a limited part inthe actual proceeding because the mediators expect the parties to talk to each other. The attorney is there toreview the mediation agreement and to give advice to the charging party. Attorneys can attend the EEOCmediation and their role is not limited.c. Legal Advice Before Signing an AgreementA charging party who chooses to mediate may consult an attorney about his/her rights before themediation. The party can also consult an attorney after the mediation but before signing any agreement. Often,agreements are signed the day of mediation. If you intend to have the agreement reviewed by an attorney24
efore you sign, let the staff of the ACRD or EEOC know your plan before the mediation.8. Requesting a Right to Sue LetterIf you are considering requesting a right to sue letter before the EEOC concludes its investigation, it isbetter if you have found an attorney who has agreed to represent you. Then the attorney and you can decidewhen is the best time to request the letter. If you request a right to sue letter before you have an attorney, it ispossible that you might not be able to find an attorney or afford an attorney to represent you within the 90-daytime period you have to file a lawsuit. If you request a right to sue letter, the EEOC usually will close your caseand stop the investigation. Thus, if you are unable to get an attorney, you have closed the door on furtherefforts by the EEOC.9. Review of the FindingsKeep in mind that if you filed a charge under the ADA and the state law and the ACRD does theinvestigation, you may ask the EEOC to review an adverse decision. You must do so in writing within 15 daysof the ACRD’s decision.10. Requesting ReconsiderationIf you are dissatisfied with the agency's finding, you may request reconsideration. If you requestreconsideration of the ACRD’s final decision, do so within the deadlines in Part F, Section 4. If you requestreconsideration of the EEOC’s finding, do so as soon as possible. Most cases are not accepted forreconsideration. The EEOC has the discretion to reconsider claims. In your request for reconsideration, youshould explain why you believe the decision was wrong, such as:new information has become available that would prove discrimination;important witnesses were not interviewed who could be interviewed now; orthe department misinterpreted the applicable law.If possible, you should seek legal advice about the agency’s finding and help requesting reconsideration.Filing a reconsideration request does not stop the 90-day period to file a lawsuit. Therefore, youshould continue to prepare to sue within the 90 days of receipt of the right to sue letter from the EEOC becauseyou may not get a decision about the reconsideration before the 90-day period expires.25
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Page 10 and 11: discrimination has been issued, the
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