US EEOC Charge Filing Process

What is Illegal Discrimination? Race Color Religion Gender National origin Age (over the age of 40) Disability Genetics Retaliation for opposing discrimination or participating in complaint process 2

How to File a Charge of Employment Discrimination You may file at one of the 53 EEOC field offices closest to where you live ( Or, you may file a charge at a Fair Employment Practice Agency (FEPA) in your area Or, by mail Free!! 3

Who Can You File Against? Private Employers State or local governments Employment agencies Labor unions Federal agencies (utilizes a different complaint process) Must have requisite number of employees 4

When Do I have to File? For most of the statutes the EEOC enforces, you must file a charge within 180 days from the date of the alleged harm. This number is extended to 300 days if a state or local law prohibits discrimination on the same basis (age requires state only) 5

Filing In person  Check with office to verify office hours and intake procedures  If you need special assistance, like an interpreter, let us know ahead of time and we will make the necessary arrangements On line  We do not accept charges online, but you can use our online assessment tool 6

Filing By mail  Your name, address, and telephone number  Employer’s name, address and telephone number  Short description of events  Dates of events  The reason you believe you were discriminated against  SIGNATURE 7

Filing By phone  We do not take charges by phone, but we do answer a lot of questions. Call us TTY

What to Know Know the sequence of events Know what records or witnesses may be of assistance Know why you are filing Know mediation Know what happens next 9

Thank-you 10

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12 Filing a employment discrimination charge under the ADA: an examination of EEOC and FEPA charges and outcomes Sarah von Schrader Susanne Bruyère DBTAC SW Webcast January 7, 2009 Advancing the World of Work

3 Presentation Overview Results from a study of disability-related employment discrimination charges investigated by FEPAs and the EEOC including: –Trends in EEOC and FEPA charges from 1993 to 2006 –Trends in outcomes at EEOC and FEPA offices over time –Implications for employers, applicants and employees with disabilities, and legal and disability advocacy organizations who represent them

About Cornell EEOC Charge Data Project 4 The research described in this presentation is part of a larger study entitled Using the U.S. Equal Employment Opportunity Commission (EEOC) Employment Discrimination Charge Data System for Research and Dissemination Purposes, funded by the U.S. Department of Education National Institute on Disability and Rehabilitation Research to Cornell University for a three- year Field-Initiated Research Project (Grant No. H133G040265).

About Cornell EEOC Charge Data Project 5 Data Source - Equal Employment Opportunity Commission (EEOC) Integrated Mission System Melissa Bjelland and Susanne Bruyère have obtained Intergovernmental Personnel Act (IPA) positions at the EEOC, which have afforded them access to the EEOC’s computerized data system which includes detailed information on every charge the EEOC receives, as well as those which are dually-filed with local or state Fair Employment Practice Agency (FEPAs). The statistics reported in these materials are derived from data files obtained under this agreement from the U.S. Equal Employment Opportunity Commission. The findings and their interpretation do not necessarily represent the policy of the Department of Education or the U.S. Equal Employment Opportunity Commission, and you should not assume endorsement by the Federal Government (Edgar, (b)). Summaries of data are based on our aggregations and do not represent the EEOC's official aggregation of the data.

Making a charge of employment discrimination… Individual who believes they have discriminated against on the basis of their disability can file a charge with either a FEPA or EEOC office. Typically, the charge is dually-filed with both agencies as long as both agencies have jurisdiction. Work-share agreements control whether the FEPA or EEOC will conduct the investigation. 6

The percent of charges closed with a FEPA office (as opposed to an EEOC office) varies by both year and state. 7

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How do outcomes differ between charges closed at EEOC and FEPA offices? 11

Previous research has shown differences in outcomes of charges investigated by FEPAs and the EEOC Looking at charge data prior to 1998: Charges closed at FEPAs had a greater rate of benefit for the charging party (23.3%) than charges closed by the EEOC (11.5%). However, among charges resulting in beneficial outcomes, the EEOC-handled charges had a greater rate of monetary benefit than FEPA charges. (Moss, Ullman, Johnsen, Starrett, and Burris, 1999) We looked at these outcomes using more recent data. 12

Phases and Outcomes at Each Phase of the Charge Process Charge receipt Assign charge priority Investigation Withdrawal with benefits Settlement with benefits Administrative closures Determination Merit determination Conciliation Conciliation success Conciliation failure 13 Adapted from Figure 1 presented in: Moss, K., Burris, S., Ullman, M., Johnsen, M. & Swanson, J. (2001). Unfunded Mandate: An Empirical Study of the Implementation of the Americans with Disabilities Act by the Equal Employment Opportunity Commission. Kansas Law Review, Inc., November, Page 29.

A beneficial outcome brings direct benefits to the charging party at closure. Withdrawal with benefits is typically an informal agreement reached between the charging party (CP) and the employer prior to the EEOC/FEPA investigation A settlement is a formal written agreement that resolves a charge before the EEOC/FEPA determines whether there is merit to the claim. A conciliation is a formal written agreement between the CP and employer after reasonable cause has been determined by the EEOC or FEPA. Non-beneficial closures include unsuccessful conciliations, no cause determination and administrative closures. 14

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Outcomes of ADA closed charges at EEOC and FEPA offices 16 EEOCFEPA No. of charges 122,456120,00067,25383,960 % of all charges Beneficial Outcomes Withdrawal With Benefits Settlement With Benefits Successful Conciliation Non-beneficial outcomes No Cause Finding Issued Conciliation Failure NRTS Issued At CP Request Other Administrative Closure

The EEOC Mediation Program Fully implemented in April 1999 Process that allows charging party and employer to discuss concerns and ways to address those concerns with the assistance of an impartial mediator. Charges are referred to the mediation program soon after being filed and typically prior to investigation. (Although mediation can be requested at any stage of the process). 17

The EEOC Mediation Program: No. ADA Charges Closed by the EEOC No. Mediations Conducted for ADA Charges % of ADA charges with where mediation conducted % of mediations with a resolution ,5142, ,0742, ,5202, ,8082, ,8752, ,0802, ,1292, ,00018,

EEOC Mediation Resolutions % (11,908 out of 18,007) of mediations resulted in a resolution. Of the 11,908 resolutions: –26.1% were withdrawn with benefits –71.6% were settled with benefits –2.2% CP withdrew -- no benefits 19

Outcomes of ADA closed charges at EEOC and FEPA offices 20 EEOCFEPA No. of charges 122,456120,00067,25383,960 % of all charges Beneficial Outcomes Withdrawal With Benefits Settlement With Benefits Successful Conciliation Non-beneficial outcomes No Cause Finding Issued Conciliation Failure NRTS Issued At CP Request Other Administrative Closure

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Percent of ADA charges that received various types of benefits 22 EEOCFEPA Number of charges with beneficial outcome13,72521,28415,55718,459 Number of charges with benefit type information (% of all charges) 12,699 (92.5) 20,956 (98.5) 11,885 (76.4) 15,179 (82.2) Among charges with beneficial outcome, percent with: Any Monetary Benefit Actual Monetary Benefit Projected Monetary Benefit Any non-monetary benefit

Outcomes of Mediation Process : Of the 21,284 EEOC charges that resulted in a beneficial outcome for the charging party, 11,640 – or 54.7% -- came to this resolution through the mediation process. Of the 11,556 mediation resolutions with benefit type data: –87.7% received a monetary benefit (median benefit of $8000) –49.6% received a non-monetary benefit 23

Implications Individuals with disabilities filing a disability discrimination claim and disability and legal advocates representing them should be aware that mediation may be a most desirable approach in resolving a workplace accommodation or disability discrimination related concern. Employers should encourage an informal interaction process to resolve disputes, and also become familiar with local mediation resources. 24

25 Susanne Bruyère Sarah von Schrader Employment and Disability Institute Cornell University School of Industrial and Labor Relations 201 ILR Extension Building Ithaca, New York t tty f