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

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PRIVACY ACT STATEMENT(This form is covered by the Privacy Act of 1974, Public Law 93-579: Authority for requesting thepersonal data and the uses are given below.)1. FORM NUMBER/TITLE/DATE. EEOC Form 5, CHARGE OF DISCRIMINATION, March 1984.2. AUTHORITY. 42 U.S.C. § 211,29 U.S.C. § 626.3. PRINCIPAL PURPOSE(S). The purpose of the charge, whether recorded initially on this form or insome other way reduced to writing and later recorded on this form, is to invoke the jurisdiction of theCommission.4. ROUTINE USES. This form is used to determine the existence of facts which fall within theCommission’s jurisdiction to investigate, determine, conciliate and litigate charges of unlawfulemployment practices. Information provided on this form will be used by Commission employees toguide the Commission’s investigatory activities. This form may be disclosed to other State, local andfederal agencies as may be appropriate or necessary to carrying out the Commission's functions. A copyof this charge will ordinarily be served upon the person against whom the charge is made.5. WHETHER DISCLOSURE IS MANDATORY OR VOLUNTARY AND EFFECT ON INDIVIDUALFOR NOT PROVIDING INFORMATION. Charges must be in writing and should identify the partiesand action or policy complained of. Failure to have a charge which identifies the parties in writing mayresult in the Commission not accepting the charge. Charges under Title VII must be sworn to oraffirmed. Charges under the ADEA should ordinarily be signed. Charges may be clarified or amplifiedlater by amendment. It is not mandatory that this form be used to provide the requested information.6. [ ] Under section 706 of Title VII of the Civil Rights Act of 1964, as amended, this charge will bedeferred to and will be processed by the State or local agency indicated. Upon completion of theagency’s processing, you will be notified of its final resolution in your case. If you wish EEOC to giveSubstantial Weight Review of the agency’s findings, you must send us a request to do so, in writing,within fifteen (I 5) days of your receipt of the agency’s finding. Otherwise, we will adopt the agency’sfinding as EEOC's and close your case.NOTICE OF NON-RETALIATION REQUIREMENTSSection 704(a) of the Civil Rights Act of 1964, as amended, and Section 4(d) of the Age Discrimination inEmployment Act of 1967, as amended, state:It shall be unlawful employment practice for an employer to discriminate against any of his employees orapplicants for employment, for an employment agency to discriminate against any individual, or for a labororganization to discriminate against any member thereof or applicant for membership, because he has opposed apractice made an unlawful employment practice by this title or because he has made a charge, testified, assisted,or participated in any manner in an investigation, proceeding, or hearing under this title.The Equal Pay Act of 1963 contains similar provisions. Persons filing charges of discrimination are advised ofthese Non-Retaliation Requirements and are instructed to notify EEOC if any attempt at retaliation is made.36
Sample Notice of Right to Sue Letters (ACRD/EEOC)Title I - Notice of Right to Sue - DismissalEQUAL EMPLOYMENT OPPORTUNITY COMMISSIONNOTICE OF RIGHT TO SUE - TITLE VII / ADA(DismissalTo:From: Equal Employment Opportunity Commission865 Patrick V. McNamara Building477 Michigan AvenueDetroit, MI 48226 On behalf of a person aggrieved whose identityCONFIDENTIAL (29 C.F.R. 1601.7(a))Charge NumberEEOC Representative2(See the additional information attached to this form)Telephone Number(313) 226-4602TO THE PERSON AGGRIEVED: This is your NOTICE OF RIGHT TO SUE. It is issued because the Commission has dismissedyour charge.Your charge was dismissed for the following reason: No jurisdiction for the following reason, and therefore the Commission has no authority to investigate your charge further. The Commission has determined that you did not allege or otherwise demonstrate that you were directly affected by thepractice described or effectively deterred from acting because of this practice. Respondent employs less than the required number of employees. Other (briefly state)_________________________________________________________________________________ Your charge was untimely filed with the Commission, i.e., you waited too long from the date of the action(s) of which youcomplained to file your charge and it was therefore outside the time prescribed by law. Therefore, the Commission cannotinvestigate the allegations) contained in your charge. You failed to provide requested necessary information, failed or refused to appear or be available for necessaryinterviews/conferences, or otherwise refused to cooperate to the extent that the Commission has been unable to receive yourcharge. You have had more than 30 days in which to respond to our final written request. The Commission has made reasonable efforts to locate you and has been unable to do so. You have had at least 30 days in whichto respond to a notice sent to your last known address. The respondent has made a written settlement offer which affords full relief for the harm you alleged. At least 30 days haveexpired since you received actual notice of this settlement offer.The issuance of this NOTICE OF RIGHT TO SUE terminates the Commission's investigation of your charge. If you want to pursueyour charge further, you have the right to sue the respondents) named in your charge in United States District Court. IF YOUDECIDE TO SUE, YOU MUST DO SO WITHIN 90 DAYS FROM YOUR RECEIPT OF THIS NOTICE OF RIGHT TO SUE;OTHERWISE YOUR RIGHT TO SUE IS LOST. I certify that this notice was mailed on the date set out below.On Behalf of the Commission______________(Date Mailed)____________________________________________________________________James R. Neely, Jr., District DirectorEnclosuresInformation SheetCopy of Chargecc: Respondent(s)37
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