US EEOC

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US EEOC

• Charge Filing Process

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What is Illegal Discrimination?

• Race
• Color
• Religion
• Gender
• National origin
• Age (over the age of 40)
• Disability
• Genetics
• Retaliation for opposing discrimination or
  participating in complaint process

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How to File a Charge of Employment Discrimination

• You may file at one of the 53 EEOC field offices
  closest to where you live (www.eeoc.gov)
• Or, you may file a charge at a Fair Employment
  Practice Agency (FEPA) in your area
• Or, by mail
• Free!!

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Who Can You File Against?

• Private Employers
• State or local governments
• Employment agencies
• Labor unions
• Federal agencies (utilizes a different complaint
  process)
• Must have requisite number of employees

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When Do I have to File?

• For most of the statutes the EEOC enforces, you
  must file a charge within 180 days from the date
  of the alleged harm. This number is extended to
  300 days if a state or local law prohibits
  discrimination on the same basis (age requires
  state only)

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Filing

• In person
• Check with office to verify office hours and
  intake procedures
• If you need special assistance, like an
  interpreter, let us know ahead of time and we
  will make the necessary arrangements
• On line
• We do not accept charges online, but you can use
  our online assessment tool

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Filing

• By mail
• Your name, address, and telephone number
• Employers name, address and telephone number
• Short description of events
• Dates of events
• The reason you believe you were discriminated
  against
• SIGNATURE

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Filing

• By phone
• We do not take charges by phone, but we do answer
  a lot of questions. Call us 1-800-669-4000. TTY
  1-800-669-6820

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What to Know

• Know the sequence of events
• Know what records or witnesses may be of
  assistance
• Know why you are filing
• Know mediation
• Know what happens next

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Thank-you
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Filing a employment discrimination charge under
the ADA an examination of EEOC and FEPA charges
and outcomes
Sarah von Schrader Susanne Bruyère DBTAC SW
Webcast January 7, 2009
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Advancing the World of Work
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Presentation Overview

• Results from a study of disability-related
  employment discrimination charges investigated by
  FEPAs and the EEOC including
• Trends in EEOC and FEPA charges from 1993 to 2006
• Trends in outcomes at EEOC and FEPA offices over
  time
• Implications for employers, applicants and
  employees with disabilities, and legal and
  disability advocacy organizations who represent
  them

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About Cornell EEOC Charge Data Project

• The research described in this presentation is
  part of a larger study entitled Using the U.S.
  Equal Employment Opportunity Commission (EEOC)
  Employment Discrimination Charge Data System for
  Research and Dissemination Purposes, funded by
  the U.S. Department of Education National
  Institute on Disability and Rehabilitation
  Research to Cornell University for a three-year
  Field-Initiated Research Project (Grant No.
  H133G040265).

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About Cornell EEOC Charge Data Project

• Data Source - Equal Employment Opportunity
  Commission (EEOC) Integrated Mission System
• Melissa Bjelland and Susanne Bruyère have
  obtained Intergovernmental Personnel Act (IPA)
  positions at the EEOC, which have afforded them
  access to the EEOCs computerized data system
  which includes detailed information on every
  charge the EEOC receives, as well as those which
  are dually-filed with local or state Fair
  Employment Practice Agency (FEPAs).
• The statistics reported in these materials are
  derived from data files obtained under this
  agreement from the U.S. Equal Employment
  Opportunity Commission. The findings and their
  interpretation do not necessarily represent the
  policy of the Department of Education or the U.S.
  Equal Employment Opportunity Commission, and you
  should not assume endorsement by the Federal
  Government (Edgar, 75.620 (b)). Summaries of data
  are based on our aggregations and do not
  represent the EEOC's official aggregation of the
  data.

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Making a charge of employment discrimination

• Individual who believes they have discriminated
  against on the basis of their disability can file
  a charge with either a FEPA or EEOC office.
• Typically, the charge is dually-filed with both
  agencies as long as both agencies have
  jurisdiction.
• Work-share agreements control whether the FEPA or
  EEOC will conduct the investigation.

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The percent of charges closed with a FEPA office
(as opposed to an EEOC office) varies by both
year and state.
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How do outcomes differ between charges closed at
EEOC and FEPA offices?
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Previous research has shown differences in
outcomes of charges investigated by FEPAs and the
EEOC

• Looking at charge data prior to 1998
• Charges closed at FEPAs had a greater rate of
  benefit for the charging party (23.3) than
  charges closed by the EEOC (11.5).
• However, among charges resulting in beneficial
  outcomes, the EEOC-handled charges had a greater
  rate of monetary benefit than FEPA charges.
• (Moss, Ullman, Johnsen, Starrett, and Burris,
  1999)
• We looked at these outcomes using more recent
  data.

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Phases and Outcomes at Each Phase of the Charge
Process
Adapted from Figure 1 presented in Moss, K.,
Burris, S., Ullman, M., Johnsen, M. Swanson, J.
(2001). Unfunded Mandate An Empirical Study of
the Implementation of the Americans with
Disabilities Act by the Equal Employment
Opportunity Commission. Kansas Law Review, Inc.,
November, 2001. Page 29.
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A beneficial outcome brings direct benefits to
the charging party at closure.

• Withdrawal with benefits is typically an informal
  agreement reached between the charging party (CP)
  and the employer prior to the EEOC/FEPA
  investigation
• A settlement is a formal written agreement that
  resolves a charge before the EEOC/FEPA determines
  whether there is merit to the claim.
• A conciliation is a formal written agreement
  between the CP and employer after reasonable
  cause has been determined by the EEOC or FEPA.
• Non-beneficial closures include unsuccessful
  conciliations, no cause determination and
  administrative closures.

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Outcomes of ADA closed charges at EEOC and FEPA
offices
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The EEOC Mediation Program

• Fully implemented in April 1999
• Process that allows charging party and employer
  to discuss concerns and ways to address those
  concerns with the assistance of an impartial
  mediator.
• Charges are referred to the mediation program
  soon after being filed and typically prior to
  investigation. (Although mediation can be
  requested at any stage of the process).

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The EEOC Mediation Program 2000-2006
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EEOC Mediation Resolutions 2000-2006

• 66.1 (11,908 out of 18,007) of mediations
  resulted in a resolution.
• Of the 11,908 resolutions
• 26.1 were withdrawn with benefits
• 71.6 were settled with benefits
• 2.2 CP withdrew -- no benefits

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Outcomes of ADA closed charges at EEOC and FEPA
offices
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Percent of ADA charges that received various
types of benefits
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Outcomes of Mediation Process 2000-2006

• Of the 21,284 EEOC charges that resulted in a
  beneficial outcome for the charging party, 11,640
  or 54.7 -- came to this resolution through the
  mediation process.
• Of the 11,556 mediation resolutions with benefit
  type data
• 87.7 received a monetary benefit (median benefit
  of 8000)
• 49.6 received a non-monetary benefit

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Implications

• Individuals with disabilities filing a disability
  discrimination claim and disability and legal
  advocates representing them should be aware that
  mediation may be a most desirable approach in
  resolving a workplace accommodation or disability
  discrimination related concern.
• Employers should encourage an informal
  interaction process to resolve disputes, and also
  become familiar with local mediation resources.

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Susanne Bruyèresmb23_at_cornell.eduSarah von
Schradersv282_at_cornell.eduEmployment and
Disability InstituteCornell UniversitySchool of
Industrial and Labor Relations201 ILR Extension
BuildingIthaca, New York 14853t.
607.254.8088tty. 607.255.2891f.
607.255.2763www.edi.cornell.edu
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