Filing an ADA Employment Discrimination Charge:
Making It Work for You
Introduction
This year is the tenth anniversary of the Americans with Disabilities Act (ADA). When it became law, few people could anticipate exactly how it would affect people with psychiatric disabilities. Would they even make use of the law? The answer is now clear. Psychiatric disabilities are the second most frequently cited disability in administrative charges filed under the employment provisions of the ADA.
The ADA was passed with high hopes for improving the employment situation of people with both physical and mental disabilities.
People with psychiatric disabilities have staggeringly high unemployment rates. Of the many factors contributing to the high unemployment rates, discrimination by employers and co-workers is an important one. It is therefore important for people with psychiatric disabilities to know how the ADA employment discrimination charge process works, especially if they believe they have experienced employment discrimination and are considering filing a charge under the ADA. Several options are available to them. They can try to deal directly with the employer to resolve the problem. They can file a charge with the U.S. Equal Employment Opportunity Commission. They can file a charge with a state or local anti-discrimination agency. They can but do not have to hire a lawyer. After filing an administrative charge, they can go to court.
With so many options, it is important to know the best way to proceed. Hence, the Center for Mental Health Services has produced this guidebook. In it, you will find information about how the ADA employment discrimination administrative charge process works and what has happened when individuals with psychiatric disabilities have filed administrative claims of employment discrimination. It explains, through discussion and examples, when, where, and how to file a charge. Just as importantly, it recounts what typically happens during the investigation process and what factors influence whether people benefit from filing a charge.
We hope you find this volume informative.
Bernie S. Arons, M.D.
Director
Center for Mental Health Services
TOC | NEXT
|
