Enforcement Of Workplace Discrimination Laws

If you believe that you have been discriminated against at work because of your medical condition, consider the following steps:

• Step 1: Try to work things out with your employer. If you can't resolve your claim wit h your employer:
• Step 2:  Consider pursuing your claim with the appropriate federal or state agency. As a general matter, you have to file a complaint with one of these agencies before you can sue. There is usually a short time frame for filing a claim. If you miss the deadline, you cannot file a complaint. The federal and state agencies coordinate their efforts in this area.Filing a complaint and seeing the process through this level is free. 
• Step 3. If there is not a satisfactory resolution, you can sue in court.

Before filing a complaint with a government agency, think about whether you want to continue to work for the employer. A filed complaint can make for a difficult work enviornment. If the key for you is to keep working for this employer, filing a claim may not be the best thing to do. It may be better to look for a good negotiated outcome – which may mean hiring a lawyer. Hiring a lawyer is generally less threatening to an employer than filing a claim with a government agency. (Note: click here to learn about filing a complaint while hiding your identity.)

If, after reading this article, you decide to file a claim with the a governmental agency, read Enforcement of Workplace Discrimination Laws – Getting Starting. For a sample letter to write the EEOC, click here.

NOTE: Matters with the EEOC are private. However, keep in mint that IF a complaint results in a lawsuit, a lawsuit is a public record. Future employers will likely learn about the suit when they check your background before making an employment offer.

For information, see:

• The ADA: An Overview
• Eligibility For ADA Protections  ("disbability" and "qualified" to do your job)
  • What Are The "Essential Functions" Of My Job?
• Covered Employers
  • Americans With Disabilities: The State Fair Employment Laws (similar to the ADA)
• Discrimination 101
• Accommodations 
  • How To Determine What Is A Reasonable Accommodation For My My Job
  • How To Request And Negotiate An Accommodation At Work
  • Sample Letters To Request An Accommodation
• Confidentiality 101: What An Employer May And May Not  Do Under The ADA

For information about additional legal protections at work, click here.

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