For many types of discrimination (race, color, disability, age, national origin, gender, or sexual harassment) an employee must file a claim with the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC is a Federal Agency of the U.S. Government that will investigate your claim of discrimination.  Once the EEOC completes the investigation they will usually issue a right to sue letter which gives you the right to file a lawsuit.  There are strict time limits so you should seek an attorney immediately.  Also, most EEOC “right to sue letters” give you 90 days to file a suit.  Even if you are after the 90 days you should seek an attorney because an attorney may be able to help you even if you are past the 90-day deadline.

How to Win an EEOC Claim

If you’re the victim of discrimination at work, your next step is to file a complaint with the Equal Employment Opportunity Commission (EEOC). Here are a few ways to increase your chances of success:

Hire an Experienced Lawyer

Although you can handle an EEOC complaint on your own, you may have more success if you have an experienced employment lawyer on your side. He or she will help you fill out the paperwork accurately and represent you in court. You can rest assured that your employer will have their own legal counsel, so you don’t want to go in there naked. Your lawyer will know everything about employment law and stand up for your legal rights.

Gather the Appropriate Evidence

In order to prove that you’re the victim of discrimination at work, you have to show sufficient evidence in court. Your employment lawyer can inform you about all the documentation you may need. For example, let’s say that you were terminated shortly after complaining about sexual harassment. Your employer claims that your termination resulted from poor performance. However, your last few performance evaluations say otherwise. In this situation, you’ll want to show your performance reviews.

Speak to Coworkers

Bringing up your claim to your coworkers may feel uncomfortable at first, but it may help support your claim. For instance, if you believe you were treated differently than other employees at work for the same behavior, ask coworkers who saw this to confirm this. Explain to them that their testimony will be a big help to your case.

Stay Calm

When you are the victim of discrimination at work, it’s understandable that you feel upset and angry. However, that doesn’t mean you should let your emotions get the best of you. If you allow your emotions to affect your behavior during mediation, it can negatively impact your case. Keep your eye on the prize and maintain your composure. Before each mediation, take a deep breath and remind yourself what you’re really there for.

Be Professional

The more professional you are during the mediation process, the more successful your claim may be. Dress conservatively to the meeting and always show up on time. If the mediator knows that you are taking everything seriously, they may look upon your case more favorably.

ADA Basics

The Americans with Disabilities Act (ADA) is a landmark piece of federal legislation that helps people with disabilities gain access to a number of different benefits, including employment. It is crucial that employers have an understanding of their responsibilities under the ADA, as lack of compliance can be costly. The ADA has many different pieces and violation of any of the rules and regulations of the law can result in EEOC claims.

Who and What Is Covered?

The ADA applies to businesses with 15 or more employees. It outlaws discrimination on the basis of disability in most aspects of employment, including hiring, pay, promotions, and firing.

Who Is Protected?

The ADA protects people with disabilities. It defines a disability as an impairment that “substantially limits” a major life activity. The definition is intentionally broad to cover many different kinds of impairments or records of impairment. When analyzing whether someone is a protected person by the ADA, mitigating measures are not taken into account. For example, if someone has a prosthetic limb that makes it so they are not substantially limited in any activity, they will still qualify as a protected person under the ADA and if they are discriminated against, could file EEOC claims against their employer.

What Employers Must Do

Employers are not permitted to discriminate on the basis of disability, and reasonable accommodations must be made to allow a qualified employee with a disability to be able to do the job. This does not require that employers hire a person with a disability over a qualified person without a disability, but employers cannot deny employment to a qualified person with a disability who can perform the essential functions of the job with or without accommodations. Essential functions of the job are the reason that the job exists in the first place.

For example, a receptionist may need to be able to answer phones and greet customers, but they may not need to be able to lift heavy packages, even if traditionally the receptionist had done that in the past. These determinations are all fact specific, and knowledgeable employment law attorneys can help figure out specific employer responsibilities.

Reasonable Accommodations

Reasonable accommodations involve what employers must do to make it possible for an individual with disabilities to perform the essential functions of the job. What accommodations are “reasonable” is dependent upon the situation, but employers do not have to make any accommodations that would create an undue hardship for them. Accommodations are reasonable if they are not too disruptive, expensive, or fundamentally alter the nature of the business.

An employer who is required to adhere to the rules of the ADA must incorporate the provisions of the law into their policies and procedures. An employer who fails to do so and/or violates and discriminates against disabled employees will face harsh penalties in any successful EEOC claims filed against them. If you want to file EEOC claims Attorney El Paso, TX, schedule a consultation with an employment lawyer like Davie & Valdez, P.C. today.