EEOC Charges and Employment Claims Under the ADA

EEOC Charges and Employment Lawsuits

As a predicate for filing an employment lawsuit under the Americans with Disabilities Act ("ADA"), a plaintiff must first file a timely charge with the US Equal Employment Opportunity Commission ("EEOC"). To file a charge, a plaintiff can do so by hiring an attorney or going on the EEOC's website. A charge of discrimination is a signed statement that provides an organization engaged in some form of employment discrimination. The purpose is to require remedial action. A plaintiff seeking to obtain a right to sue letter must be cognizant of when the discrimination took place. This is because a plaintiff has a 180 calendar days to file a charge. In some circumstances this filing deadline can be extended to 300 calendar days if a state or local agency enforces a local law that prohibits discrimination on the same basis. Exhaustion of administrative remedies through the EEOC is 'an essential element' of the . . . statutory scheme[] and, as such, a precondition to bringing such claims in federal court. The purpose of this exhaustion requirement is to give the administrative agency the opportunity to investigate, mediate, and take remedial action." If you need assistance with filing an EEOC charge then contact our staff of attorneys, as we will be happy to assist you with your needs.

Related Posts
  • What Actions Can Be Considered as Age Discrimination at Work in New York? Read More
  • Supreme Court says Race should not be a Factor on College Admissions Read More
  • New York Lawyers Sanctioned for ChatGPT Citation Read More