You are here: Home Work Issues Work: ... Enforcement Of ... How To Determine What ...
Information about all aspects of finances affected by a serious health condition. Includes income sources such as work, investments, and private and government disability programs, and expenses such as medical bills, and how to deal with financial problems.
Information about all aspects of health care from choosing a doctor and treatment, staying safe in a hospital, to end of life care. Includes how to obtain, choose and maximize health insurance policies.
Answers to your practical questions such as how to travel safely despite your health condition, how to avoid getting infected by a pet, and what to say or not say to an insurance company.

Enforcement Of Workplace Discrimination Laws

How To Determine What Agency To Use To File A Discrimination Claim

Next » « Previous


As a general matter, a discrimination claim has to be filed with a governmental agency before you can sue in court.

The laws and the agencies that enforce them are:

  • The Americans With Disabilities Act (ADA): Equal Employment Opportunity Commission (EEOC). To contact the EEOC, look in your telephone directory under "U.S. Government." For information and instructions on reaching your local office, call: 800.669-4000
  • The federal Rehabilitation Act: Office of Federal Contract Compliance Programs (OFCCP). Don't be surprised if the OFCCP gives the case to the EEOC to investigate. The two agencies are that cooperative. You can call OFCCP’s toll free at 1-800-397-6251
  • State laws: To find the appropriate agency in your state, go to the web site of the International Association of Official Human Rights Agencies, search by a map or list of members. The list of members is located at: offsite link.

Which agency or agencies to file with:

  • If you have a claim which could be subject to The Rehabilitation Act as well as others, at least file a claim with OFCCP. All the agencies do the same type of investigation and discussion with an employer to try to resolve a situation. However, the OFCCP has the additional teeth of being able to bar a company from federal contracts.
  • Speak with your local disease specific non-profit organization, a social worker or an attorney who specializes in job discrimination. They may have an idea of which agency is better for your particular situation -- particularly whether the interpretation of the law on a federal or state level is more favorable to you, and which one has remedies available that you want.. They will also know which agency is currently handling complaints more quickly.
  • If you have a choice as to which agency to file your complaint with, consider filing with all of them. They will coordinate with each other. The federal agencies use the same standards for disability as the EEOC as much as possible. One agency will take the lead and the others will put a "stay" on your complaint while the lead agency proceeds. You can always discontinue a complaint with one of the agencies. 


Please share how this information is useful to you. 0 Comments


Post a Comment Have something to add to this topic? Contact Us.

Characters remaining:

  • Allowed markup: <a> <i> <b> <em> <u> <s> <strong> <code> <pre> <p>
    All other tags will be stripped.