Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in:

• Recruitment
• Hiring
• Promotions
• Training
• Pay
• Social activities

It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.

How to file a Title I complaint

Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government." For the appropriate EEOC field office in your geographic area, contact:

EEOC Field Office
(800) 669-4000 (voice)
(800) 669-6820 (TTY)
www.eeoc.gov

Publications and information on EEOC-enforced laws may be obtained by calling:

EEOC-enforced laws
(800) 669-3362 (voice)
(800) 800-3302 (TTY)

For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at:

Job Accommodation Network
(800) 526-7234 (voice)
(877) 781-9403 (TTY)
www.jan.wvu.edu

How the Processing of a Charge of Job Discrimination Works

When a charge is filed, EEOC informs the employer within ten days. Charges are given the most prompt attention when the facts seem to show that it is likely that discrimination has occurred. Other charges will receive follow-up investigation, as resources allow, if more information is needed. Charges may also be closed at any time if EEOC believes that more investigation will not show that employment discrimination laws have been broken. If the charge is closed, EEOC will give the charging party a “Notice of Right to Sue.”

EEOC Mediation Program

Charges may be chosen for EEOC’s mediation program if both the charging party and the employer are interested in this option. Mediation is an alternative to an investigation and may quickly resolve a charge. However, charge processing will resume if mediation is not successful.

If Discrimination is Found

If discrimination is found, EEOC will seek a remedy for the charging party through conciliation. If conciliation is not successful, EEOC may file a lawsuit against the employer. If the charging party is not satisfied with EEOC’s efforts, the charging party has the right to file his or her own lawsuit against the employer within 90 days of receiving the “Notice of Right to Sue.”

Remedies Available When Discrimination is Found

The remedies available for job discrimination may include hiring, reinstatement, reasonable accommodation, promotion, back pay, front pay, or other actions that will make an individual “whole” (the condition the person would have been in if the discrimination had not occurred.) Remedies may include payment of attorneys’ fees, expert witness fees, and court costs.

Under most EEOC-enforced laws, damages for intentional discrimination may be available for actual monetary losses, for future monetary losses, and for mental suffering and inconvenience. Punitive damages also may be sought if an employer knowingly and purposely broke the law.

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Topic Editor: Steven C. Schachter, M.D.
Last Reviewed:12/15/06