Alex What does an ADA investigator do?
Assistant district attorney In carrying out their duties to enforce state and local laws, ADA have the authority to investigate persons, issue subpoenas, file formal criminal charges, plea bargain with defendants, and grant immunity to witnesses and accused criminals.
Which governmental agency is responsible for administering the ADA?
The U.S Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA.
How are people with disabilities protected from discrimination?
Not everyone with a medical condition is protected from discrimination. In order to be protected, a person must be qualified for the job and have a disability as defined by the law. A person can show that he or she has a disability in one of three ways:
When does discrimination occur due to a disability?
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because he or she has a disability.
How does the EEOC help with Disability Discrimination?
In addition to a variety of formal guidance documents, EEOC has developed a wide range of fact sheets, question & answer documents, and other publications to help employees and employers understand the complex issues surrounding disability discrimination.
Are there any laws against discrimination in employment?
The protections are the same. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
What should an investigator look for in a discrimination case?
The investigator should also inquire about what motive, if any, the complaining employee might have for asserting a false complaint. When meeting with the accused, as well as with the complaining employee and witnesses, the investigator will be evaluating credibility, and trying to determine what really occurred.
Is there a federal law against disability discrimination?
While the federal anti-discrimination laws don’t require an employer to accommodate an employee because he or she must care for a family member with a disability, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. The Department of Labor enforces the FMLA. For more information, call: 1-866-487-9243.
In addition to a variety of formal guidance documents, EEOC has developed a wide range of fact sheets, question & answer documents, and other publications to help employees and employers understand the complex issues surrounding disability discrimination.
What happens if you file a charge of discrimination?
If the laws do not apply to your claims, if the charge was not filed within the law’s time limits, or if the EEOC decides to limit its investigation, the EEOC will dismiss the charge without any further investigation and notify you of your legal rights.