Disability discrimination and the EEOC process

On Behalf of | Apr 13, 2015 | Disability Discrimination |

After an Indiana worker’s disability discrimination claim has been processed through the Equal Employment Opportunity Commission, the agency will either determine that the charge has been substantiated or they will send a notice to the person who complained notifying them of the EEOC’s dismissal. People will have 90 days from the date of the notice to file a civil lawsuit. If they wait beyond this time frame, their ability to sue will be time-barred.

In the event the EEOC determines that the evidence indicates disability discrimination has occurred, the agency will send notices explaining their findings to both the employee and the employer. The EEOC will then try to reach a settlement on the employee’s behalf with the employer through a process called conciliation. If these efforts are successful, the employee may not then go to court unless the employer does not follow through with it as agreed.

After an unsuccessful conciliation, the EEOC then must decide whether it will file a federal lawsuit. If the agency determines it will not, then the employee will be sent a notice and will have 90 days to file a lawsuit themselves. If the EEOC decides to file a lawsuit, the EEOC will notify the employee and will then file the civil complaint on the employee’s behalf.

Workplace disability discrimination may leave employees unable to work at their jobs. When discrimination occurs, people need to be aware of the claims process with the EEOC. As there are strict statutory deadlines for filing a complaint with the EEOC, it is important for those who have been discriminated against to promptly file. Those who are affected may want to seek the help of an employment law attorney who can explain the procedures and provide representation throughout the process.


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