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What to Do If Your Rights Are Violated at Work
By Nila Salgado, Harlem Independent Living Center, Harlem, NY |
Job discrimination is against the law. There are two laws in particular that prohibit discrimination against people with disabilities: the Rehabilitation Act of 1973 and the American with Disabilities Act (ADA) of 1990. Title I of the ADA prohibits job discrimination against people with disabilities who are qualified for any job, public or private. This includes discrimination on the job in any area including hiring, promotions, compensation, provision of reasonable accommodations or firing solely on the basis of having a disability. While the ADA covers the private sector and state and local governments, the Rehabilitation Act of 1973 (Section 501 and Section 505) more specifically protects against job discrimination for individuals with disabilities who are applying for work, or are employed, by the federal government. Who to Call What can a person who has experienced job discrimination do? The person (or a representative) who has experienced discrimination can file a charge against the employer with the Equal Employment Opportunity Commission (EEOC). The claim can be submitted by mail or in person to any local EEOC office. Your local office can be located by calling 1-800-669-4000 (voice) or 1-800-669-6820 (TTY). There are Spanish-speaking operators available. Accommodations such as American Sign Language (ASL) interpreters and materials in alternative formats will be provided upon request. An individual filing a complaint must provide the name, address, and phone number of the person or agency they are making the complaint about, as well as their own name, contact information, the date of the incident and a description of the incident. The person has 180 days after an incident occurs to file a complaint. EEOC will investigate the complaint and inform the individual of the outcome. EEOC also provides mediation between the individual making the complaint and the employer to solve the problem. If mediation does not work the investigation will continue. EEOC can bring a lawsuit in federal court if all other efforts fail. For additional information contact EEOC. http://www.eeoc.gov/ |
