Who Can File A Charge Of Disability Discrimination In The Workplace?
The Americans with Disabilities Act (“ADA”) covers employees who either have a disability, are perceived to have a disability, or have a history of disability. Therefore, any employees who fit into any of those categories and have suffered discrimination in the workplace as a result, or who did not received the necessary accommodations to allow them to perform their essential job functions, can file a charge of discrimination based on the ADA.
How Is A Charge Actually Filed?
A charge of discrimination is filed with one of two agencies in Arizona. The primary agency is the Equal Employment Opportunity Commission (“EEOC”). This is the federal agency tasked with enforcing anti-discrimination laws in the workplace. Many states, including Arizona, have a similar state agency that enforces anti-discrimination laws. In Arizona, it is the Civil Rights Division of the Arizona Attorney General’s office. The EEOC and the Civil Rights Division have a work sharing arrangement, which allows an employee who has been discriminated against to choose either one of those two agencies to file their Charge of Discrimination. Both agencies will receive notice that it has been filed and it will count under both Arizona and federal law. Each agency has a process that allows the process of filing a Charge of Discrimination to be initiated from their website.
What Information Must Be Provided To File A Charge Of Discrimination?
The minimum information that needs to be provided to file a Charge of Discrimination would be your name and contact information, your employer’s name and address, the date or dates you were discriminated against, and a description of the type of discrimination that you suffered. However, you can provide much more information than the bare minimum, including dates and details of specific incidents and names and contact information for witnesses who are aware of what happened to you at your workplace.
What Are The Time Limits For Filing A Charge Of Disability Discrimination In The Workplace?
The question of how long an employee has to file a Charge of Discrimination is not as straightforward as it should be. Some claims have a 180 day deadline, but in certain circumstances you can take up to 300 days to file the Charge of Discrimination. However, to be on the safe side, and to make sure that the process doesn’t get bogged down, I recommend that my clients always file their discrimination claims within 180 days from when the discrimination occurred.
In addition, there are other deadlines and statutes of limitations that must be satisfied even after the employee has filed a timely Charge of Discrimination. For example, in Arizona, any employment-related lawsuit that includes state law claims must be filed within one year from the date that the employee was discriminated against. For this reason, it is important to file the initial Charge of Discrimination as early possible, so that the EEOC process can be complete before any additional deadlines pass.
For more information on Filing A Charge Of Disability Discrimination, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 378-2400 today.
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