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What Is the Role of the EEOC in a Disability Discrimination Case?

August 24th, 2023
A Philadelphia Disability Discrimination Lawyer at The Gold Law Firm P.C. Can Protect Your Rights

In pursuing a fair and equitable workplace, understanding the role of key institutions like the Equal Employment Opportunity Commission (EEOC) becomes indispensable. If you are a worker with a disability who has experienced discrimination, this comprehensive guide will provide you with crucial knowledge about the EEOC and its role in addressing your concerns.

Established in 1965, the EEOC is a federal agency that enforces laws prohibiting job discrimination. The EEOC has authority over employers with at least 15 employees. It applies to all work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Under the Americans with Disabilities Act (ADA), the EEOC protects workers from discrimination based on their disability. This includes unfair treatment and failure to provide reasonable accommodations to employees with disabilities.

The EEOC’s role in disability discrimination cases is multi-faceted:

  • Investigation: When a charge of discrimination is filed, the EEOC conducts an impartial investigation to determine if there is a violation of the law.
  • Mediation: If both parties agree, the EEOC can provide mediators to help resolve the charge without an extensive investigation or litigation.
  • Litigation: If a violation is found and a settlement cannot be reached, the EEOC has the authority to file a lawsuit against the employer.
  • Education and outreach: The EEOC also plays a proactive role in preventing disability discrimination in the first place through outreach, education, and technical assistance programs.

Recognizing Disability Discrimination

Discrimination can occur in various forms, from unequal treatment in hiring and promotions to retaliation for asserting your rights. Examples of disability discrimination include:

  • Refusing to hire or promote you because of your disability.
  • Harassing you because of your disability.
  • Denying you equal pay or benefits.
  • Failing to provide reasonable accommodations, such as modified work schedules or assistive equipment.

Filing an EEOC Charge of Discrimination

If you believe you have been discriminated against, you can take action by filing a charge of discrimination with the EEOC. Here is a detailed look at the process:

  • Initial contact: Contact the EEOC through their website, mail, or phone to schedule an interview.
  • Interview: During the interview, you must provide basic information about yourself, your employer, and the discriminatory events. It is vital to document instances of discrimination as accurately as possible.
  • Filing your charge: After your interview, the EEOC will draft a charge of discrimination for you to review, sign, and formally submit.
  • EEOC investigation: The EEOC will notify your employer about the charge and conduct an investigation, including reviewing documents and interviewing witnesses.
  • Resolution: If the EEOC finds evidence of discrimination, they will try to settle the charge with your employer. If the settlement efforts fail, the EEOC may sue your employer. If they decide not to sue, you will receive a Notice of Right to Sue, allowing you to pursue the case independently.

A Philadelphia Disability Discrimination Lawyer at The Gold Law Firm P.C. Can Protect Your Rights

Disability discrimination is illegal, and the EEOC is here to protect your workplace rights. Navigating the legal process, however, can be daunting. Speak with a Philadelphia disability discrimination lawyer at The Gold Law Firm P.C. today. Call 215-569-1999 or contact us online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, and Montgomery County.

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