The federal anti-discrimination law called the Equal Employment Opportunity law covers all private employers, state and local governments, and educational institutions, which employ 15 or more individuals.
Law prohibits discrimination in the following practices:
• Hiring and firing of employees
• Compensation, assignment and classification of employees
• Transfer, promotion, layoff, or recall
• Job advertisements
• Recruitment and testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans, disability leave
• Other employment terms and conditions
Under the law, other illegal discriminatory practices also include:
• Harassment
• Retaliation
• Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, disability, or ethnic group
• Denial of employment opportunities to a person because of marriage or association with an individual of a particular race, religion, national origin, or an individual with a disability
• Discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.
How to File a Charge
Here are initial steps in filing a discrimination charge:
• You can file a charge by mail or in person. Contact the nearest EOC office to inquire on detailed procedure of filing a case.
• If you need an interpreter, you need to call the EOC local office to make a special accommodation.
• Consult the fact sheet about complaint processing
When filing a discrimination charge, the following information is required:
1. the complainant’s name, address and contact number
2. the name, address, and contact number of the respondent employer or agency
3. a brief description of the violations
4. the date of the alleged violations
When to File a Case
A complainant may file a lawsuit within 90 days after receiving a notice of the “right to sue” from the EEOC. The notice of the “right to sue” may be requested by the charging party 180 days from the filing of the complaint. A lawsuit must be filed within two years (three years for intentional violations) of the discriminatory act.
What Remedies Are Available When Discrimination Is Found
When discrimination is found, whether caused by intentional acts or certain employment practices, some remedies or relief are available which may include:
• back pay
• hiring
• promotion
• reinstatement
• front pay
• reasonable accommodation
• other condition or action that will restore certain privileges
Other relief may also include payment of:
• attorney’s fees
• expert witness’ fees
• court costs
Compensatory and punitive damages may also be obtainable under the enforced laws of the EOOC. When discrimination is found, compensatory damages may be available for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. If an employer acted with malice or recklessness, punitive damages may be imposed. However, punitive damages do not apply against federal, state or local governments.
Therefore, if you feel aggrieved and you believe your employment rights have been prejudiced, you can find relief by seeking the protection of the law.
You may always find refuge from our Expert Los Angeles Attorneys. Just search our website and find the top and most favorable solutions for your employment discrimination case.
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.