Full question:
Do you provide assistance in completing an Ada package for EEOC review and complete enough that they have a cause but to investigate.
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: Illinois
Answer:
The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities. Title I of the ADA applies to private employers, state and local governments, employment agencies, and labor unions. Employers with 25 or more employees were covered starting July 26, 1992, and those with 15 or more employees were covered beginning July 26, 1994.
An "individual with a disability" is defined as someone with a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Conditions like epilepsy, paralysis, or substantial hearing or visual impairments are covered, while minor, short-term conditions typically are not.
To be protected under the ADA, an employee must be qualified to perform the essential functions of their job, with or without accommodations. Employers are required to provide reasonable accommodations, which may include modified work policies or flexible schedules, but they are not obligated to relieve employees of their work responsibilities.
Employees can file a discrimination complaint with the EEOC if they believe they have faced discrimination due to race, age, disability, religion, sex, or national origin. Complaints must be filed in writing, preferably on the appropriate EEOC form, within 180 days of the alleged discriminatory act. Complaints can be submitted at any of the EEOC's offices across the United States.
After a complaint is filed, the EEOC investigates the charge. If there is reasonable cause to believe discrimination occurred, the EEOC attempts to resolve the issue through conciliation. If an agreement is reached, the case is closed. If not, the EEOC may file a lawsuit, or the aggrieved party may do so independently. If no violation is found, the EEOC will withdraw from the case, but the complainant can still file a lawsuit within a specified timeframe.
Proof of discrimination can be direct or indirect. Direct evidence is rare and may include statements showing discriminatory intent. Indirect evidence often involves statistical analysis or circumstantial evidence indicating a pattern of discrimination.
This information is general in nature and not legal advice. It is advisable to contact a local attorney to review the specific facts and documents related to your case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.