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

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AppendixDiscrimination by Recipients of Federal Financial AssistanceSection 504 of the Rehabilitation Act prohibits disability discrimination by employers who receivefederal financial assistance. The Office for Civil Rights for each federal agency must investigatecomplaints of discrimination under § 504 of the Rehabilitation Act. An individual may file dual chargesby filing with both the EEOC and the 504 agency. Generally, if a charge is filed with both the EEOC andthe 504 agency, the EEOC will do the investigation. The 504 agency will not investigate while the EEOCis processing the charge. However, if a complaining party chooses to have the 504 agency process thecomplaint, s/he must send a written request to the 504 agency within 20 days of the date s/he receivesnotice from the 504 agency that it is not processing the complaint until the EEOC has taken action on it.Complaining parties generally have 180 days from the date of the alleged discrimination to file acomplaint with the 504 agency or with the U.S. Department of Justice. However, an individual is notrequired to first file a complaint with a 504 agency before filing a private lawsuit based on § 504 of theRehabilitation Act. Filing a lawsuit under § 504 must be done within the appropriate statute oflimitations which may be as short as one year from the date of the alleged discrimination. This guidefocuses on the EEOC charge process. For more information about filing a complaint or a private lawsuitunder § 504, individuals should seek legal advice about the appropriate action and deadlines that mayapply.26
Sample EEOC Intake QuestionnaireTitle I - Charge of Discrimination - EEOC FormALLEGATIONS OF EMPLOYMENT DISCRIMINATIONPlease immediately complete the entire form and return it to the U. S. Equal Employment OpportunityCommission (“EEOC”). Answer all questions as completely as possible, and attach additional pages if neededto complete your response(s). Incomplete responses will delay further processing of your charge by EEOC. Ifyou do not know the answer to a question, answer by stating “not known.” If a question is not applicable, write“n/a.” REMEMBER, a charge of employment discrimination must be filed within the time limits imposed bylaw, generally within 300 days of the alleged discrimination.PERSONAL BACKGROUND INFORMATION:Name: Mr./Ms. _______________________________________________________________________Address: ____________________________________________________________________________Phone Number: (day)( ) ____________________ (night) ( ) ______________________Date of Birth: ________________ Soc. Sec. # ____________________ Race __________________RESPONDENT INFORMATION (Employer, union, employment agency against whom the charge is beingfiled)Respondent Name ___________________________________________________________________Address (If employer, location where you actually worked or sought employment - If you worked out of yourhome, state that, and give the full address of the company home office or headquarters; if union oremployment agency, give address where you conducted business.)____________________________________________________________________________________________________________________________________________________________________City/State/Zip Code____________________ /County ____________________Approximate total number of employees ______________________________________________________Type of business ________________________________________________________________________DATE OF HARM (last date any harm which you consider discriminatory happened):TYPE OF HARM (the kind of discrimination that happened to you, for example, discharge, denial of hire,harassment):__________________________________________________________________________________27
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