Rothman Gordon: Job Discrimination Complaints: Part II

Job Discrimination Complaints: Part II

In Part I, I told you the largest increases in complaints reported to the Equal Employment Opportunity Commission (EEOC) in 2002 were in the areas of religious, national origin and age discrimination.

If you believe you are a victim of any form of employment discrimination (race, color, religion, sex or national origin), either when applying for a job or while on the job, you may file a charge of discrimination with the United States EEOC.

Under Title VII of the Civil Rights Act, charges must be filed with the EEOC within 180 days of the alleged discriminatory act. Note that this can be 300 days in states/localities with anti-discrimination laws in place. In Pennsylvania, for instance, the time period can be 300 days, provided an employee either starts the case at the state agency, the Pennsylvania Human Relations Committee (PHRC), or asks that the EEOC cross-file the charges with the PHRC. The time limitations for filing claims under the Americans with Disabilities Act and the Age Discrimination in Employment Act are the same as those for Title VII complaints. Charges of discrimination may be filed in person, by mail or by telephone. Note: There are different complaint filing procedures for federal government employees.

Title VII and the ADA cover all private employers, state and local governments, and education institutions with 15 or more employees. The laws extend to private and public employment agencies, labor organizations and joint labor management committees controlling apprenticeship and training. The ADEA covers all private employers with 20 plus employees, state and local governments (including school districts), employment agencies and labor organizations.

Following a charge being filed with the EEOC, the employer is notified and an investigation is initiated. During the investigation a settlement may be proposed or mediation may be suggested as an option — both requiring agreement by the charging party and the employer. If both parties do not agree, the charge returns to the status of investigation. A charge may also be dismissed if there is insufficient evidence to warrant a violation of the law.

Some remedies available for employment discrimination include back pay, front pay, hiring, promotion, and reinstatement. Court costs and attorneys' fees may also be included.

If the investigation finds a violation by the employer and the EEOC is unable to facilitate resolve, the agency may elect to sue. If the EEOC decides not to sue or the case is dismissed, the EEOC issues a "right to sue" notice. The charging party may then, if he or she so elects, file a lawsuit. There are time frames, too, for filing the lawsuits. And time frames do differ for filing lawsuits charging discrimination under Title VII and the Americans with Disabilities Act, versus those lawsuits filed under the Age Discrimination in Employment Act.