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

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discrimination with the EEOC against their state employer. Individuals canalso still sue to require state employers to take action or to stopdiscriminatory action. The U.S. government can still file lawsuits againststate employers under the ADA. In addition, individuals can sue localgovernmental agencies, such as cities and counties, for money damages.The ADA does NOT apply to the federal government, but it does apply to employees of theU.S. Senate. However, generally if a person with a disability works or applies for a job with thefederal government, a federal agency, or a fully owned U.S. governmental corporation, there stillmight be protection. The Rehabilitation Act of 1973—another anti-discrimination law that offersemployment protections for people with disabilities—might apply to jobs with the federalgovernment, a federal agency, or a fully owned U.S. governmental corporation. For example,employees and applicants of the U.S. Department of Labor and civilian employees of the U.S.Department of Army are covered by the Rehabilitation Act. For more information about theRehabilitation Act, contact the ACDL, an Equal Employment Opportunity Counselor for thefederal agency, or a private attorney.Title I (Employment) of the ADA does NOT apply to Indian Tribes. However, tribes mayhave their own affirmative action or anti-discrimination laws that address discrimination on thebasis of disability. Some tribes have adopted laws or entered into agreements to abide by federaldiscrimination laws similar to the ADA. Contact a tribal legal office for more information aboutthe tribal laws or agreements that may apply.b. Applicants or Employees With a DisabilityThe ADA protects qualified individuals with a disability. Disability is defined under theADA as:(1) a physical or mental impairment that substantially limits an individual in theability to perform major life activities, such as:4
$ seeing $ hearing $ walking$ working $ learning $ thinking$ reading $ lifting $ concentrating$ reproducing $ interacting with $ sleepingothers$ performing manual tasks in certain situations$ engaging in sexual relations(2) a history of a substantially limiting impairment, or(3) being regarded as having a substantially limiting impairment.However, persons who are currently illegally using drugs are generally not considereddisabled because of their drug use. A person is qualified under the ADA if s/he has all of theskills, education, and experience required for the position and is able to perform the essentialfunctions of the job with or without reasonable accommodations. For more information aboutwhat these special terms mean, see the Center's guide, An Overview of the Employment Protectionsof the ADA.B. The Equal Employment Opportunity Commission1. Introduction to the EEOCThe EEOC is a federal agency with the responsibility to enforce the employment provisionsof the ADA (Title I). 1 This responsibility includes taking charges (or complaints ofdiscrimination) from people who believe that they have been discriminated against in employmenton the basis of a disability, investigating those complaints, making a determination of whetherthere is reasonable cause to believe that discrimination occurred, and issuing Notices of Right toSue (also called “right to sue” letters).The EEOC will also attempt to work out an agreement - sometimes called a "settlement" -between the parties to resolve the claim of discrimination if that is possible. Once a finding of1 The ADA prohibits discrimination in areas other than employment. For example, discrimination inpublic accommodations such as restaurants and movie theaters is prohibited. Other agencies are chargedwith enforcing the non-employment provisions of the ADA. For example, the Department of Justiceinvestigates complaints of discrimination in public accommodations. For more information aboutcomplaint procedures for violations of other provisions of the ADA, contact the staff at the ACDL.5
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Page 4 and 5: Sample Charge Form (ACRD/EEOC) 35Sa
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Page 29 and 30: efore you sign, let the staff of th
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Page 43 and 44: Section 706(f) (1) and (f) (3) of t
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