Understanding EEOC Disability Discrimination Regulations

The EEOC, or Equal Employment Opportunity Commission, is a government agency that enforces federal laws related to employment discrimination. EEOC disability discrimination is one category of prohibited discrimination enforced by the EEOC, and the laws addressing disability discrimination are detailed in the American with Disabilities Act that was signed into law on July 26, 1990. The act is divided into five titles, and the first title (the one enforced by the EEOC) covers employment issues and discrimination. Title I applies to businesses that are in interstate commerce and have over 15 employees as well as to other covered entities, including all government organizations. This means the EEOC has authority over discrimination for all of these types of businesses. 

Types of Employment Discrimination 

The EEOC has a broad range of authority over a variety of different types of employment discrimination that disabled employees might experience. For example:

• In general, an employer cannot give unfair treatment to an employee for a number of reasons, including race, disability, sex, or religion. This means an employer cannot treat anyone who is disabled adversely in any of the terms and conditions of employment, including hiring, firing, promotions or work conditions. 
• The employer, coworkers, or others in the workplace cannot harass employees for these same reasons.  
• An employer must make reasonable accommodation due to a worker's physical condition, including disabilities.
• If a disabled worker exercises his rights and complains about discrimination, then he or she cannot be retaliated against for those actions. This is true even if the individual assists in an investigation or lawsuit. 
• Neutral employment policies and practices that have a disproportionately negative effect on certain employees, including those who are disabled, are also prohibited without a bona fide (legitimate) job related reason for those policies.  

Some specific examples of prohibited behavior include denying a job to an otherwise qualified individual, not promoting someone because of a disability or classifying an employee in a negative way.

What Employers Should Do 

In addition to not being able to treat a disabled person poorly on the basis of a disability, employers are also required to make reasonable accommodation for disabled employees. 

• This may include providing wheelchair ramps or other ways to make the workplace accessible.  
• Certain machines and devices may need to be remodeled or adjusted to accommodate a disabled person.  
• In some cases, work schedules may need to be reworked to allow for the needs of the disabled.
• Restructuring a job and its duties to accommodate an individual with physical or mental disabilities may be necessary as well, as long as doing so is not unduly burdensome to the employer or other workers.  

Essentially, the basic requirement is that if an employer can reasonably accommodate a disabled person, that employer should do so to allow the disabled individual equal opportunities as non-disabled workers.

How the EEOC Helps Employees with Disabilities 

The EEOC provides a great deal of support to those disabled workers who believe that they have been discriminated against. If you feel you have been discriminated against in your workplace, you can turn to the EEOC for help, but there are a few steps you should take. For example:

• You need to begin by checking the laws to make sure you are in the right. 
• Next, you need to report the discrimination to your supervisor, boss, or upper level management. Making the right person aware of the situation may be all that is needed. 
• You need to find out what policies are in place for the resolution of disputes within your company. Some businesses have Alternate Dispute Resolution (ADR) procedures that will need to be followed. These may help avoid a costly legal action.
• If you still are not satisfied, or if the discrimination is on a high level, then you can file a Charge of Discrimination with the EEOC. This may be necessary before you can file a civil lawsuit, but if your charge deals with equal pay (according to the Equal Pay Act), then you do not need to file with the EEOC before you file a private lawsuit. You have a 180-calendar-day period from when the discrimination took place to file a charge. 
• If you do not receive satisfaction from the EEOC claim, a civil lawsuit may be your best course of action. 

Getting Help

If you are a disabled worker who has suffered from discrimination, it is a good idea to talk to a lawyer. Your attorney can explain what your legal rights are and can help you to take the steps necessary to correct the problem. A lawyer may also be able to help you get compensation for any losses or damages you suffered as a result of being discriminated against.