Release Date: Wednesday – May 1, 2024
Archive, Bios, Description, Transcripts for Episode 129: Employment Discrimination and the ADA: Insights from the EEOC
Guest: Alessandra Rosa, Esq., Lead, Outreach and Education Manager – U.S. Equal Employment Opportunity Commission (EEOC) – Indianapolis District Office
Phone: (463) 999-1181 Email: alessandra.rosa@eeoc.gov
Moderator & Host: Barry Whaley, Project Director at the Southeast ADA Center
Contents
- Selected EEOC Resources on the ADA and Employment
- More Resources on ADA and Employment Rights.
- How to File or Resolve a Charge of Employment Discrimination
- ADA Live Podcasts and Resources on Employment
- Disability Employment Statistics
- EEOC Training and Outreach
Selected EEOC Resources on the ADA and Employment
- EEOC Disability-Related Publications
Information and resources for disabled employees and their employers.
Link: eeoc.gov/eeoc-disability-related-resources/eeoc-disability-related-publications - List of EEOC Disability-Related Technical Assistance Documents
Resources for employers and employees to understand their rights and responsibilities regarding specific issues or disabilities such as vision or hearing impairment, opioid use disorder, hearing loss, depression, job accommodations, veterans’ rights, and more.
Link: eeoc.gov/eeoc-disability-related-resources/list-eeoc-disability-related-technical-assistance-documents - Sign Up for the EEOC E-mail Newsletter or Connect on Social Media
Link: eeoc.gov/connect-us - Find Your Nearest EEOC Office
Link: eeoc.gov/field-office - EEOC Disability-Related Resources
Find information on employment rights and responsibilities under the ADA and other disability rights laws.
Link: eeoc.gov/eeoc-disability-related-resources - EEOC Frequently Asked Questions
Link: eeoc.custhelp.com/app/answers/list - The ADA: Your Responsibilities as an Employer
Link: eeoc.gov/laws/guidance/ada-your-responsibilities-employer - Job Applicants and the ADA
Link: eeoc.gov/laws/guidance/job-applicants-and-ada - Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA
Link: eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada - Employer-Provided Leave and the Americans with Disabilities Act
Link: eeoc.gov/laws/guidance/employer-provided-leave-and-americans-disabilities-act - NEW or Recently Updated EEOC Disability-Related Resources
Some of the newest EEOC resources are listed below.
Link: eeoc.gov/eeoc-disability-related-resources/new-or-recently-updated-eeoc-disability-related-resources - What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Updated May 15, 2023, to address the workplace EEO implications of the end of the COVID-19 public health emergency, Long COVID, and continuing concerns about workplace harassment of individuals with disabilities.
Link: eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws - Visual Disabilities in the Workplace and the Americans with Disabilities Act (2023)
Link: eeoc.gov/laws/guidance/visual-disabilities-workplace-and-americans-disabilities-act - Hearing Disabilities in the Workplace and the Americans with Disabilities Act (2023)
The EEOC’s updated resource document describes two workplace protections that federal law provides to workers with hearing disabilities.
Link: eeoc.gov/laws/guidance/hearing-disabilities-workplace-and-americans-disabilities-act - ASL Video Explains ADA Rights for Deaf Workers (2023)
Link: youtube.com/watch?v=VGVmImhj5KI - Mental Health Conditions: Resources for Job Seekers, Employees, and Employers (2022)
Link: eeoc.gov/mental-health-conditions-resources-job-seekers-employees-and-employers - Pregnancy Discrimination and Pregnancy-Related Disability Discrimination
While pregnancy itself is not a disability under the ADA, pregnant workers may have one or more impairments related to their pregnancy that qualify as a “disability” under the ADA.
Link: eeoc.gov/pregnancy-discrimination
More Resources on ADA and Employment Rights
- Employment Resource Hub
Find answers to frequent questions about employment and the ADA.
Source: ADA National Network (ADANN)
Link: adata.org/employment-resource-hub - ADA & COVID-19 Portal – ADA, COVID-19 and Employment Resources
Source: ADA National Network (ADANN)
Link: adacovid19.org/employment - A Guide for People with Disabilities Seeking Employment
Source: U.S. Justice Department
Link: ada.gov/resources/employment-seeking-guide - Employment Laws: Disability & Discrimination
Source: U.S. Department of Labor Office of Disability Employment Policy (ODEP)
Link: dol.gov/odep/pubs/fact/laws.htm - Office of Disability Employment Policy (ODEP)
Develops and influences policies and practices that increase employment opportunities for people with disabilities.
Source: U.S. Department of Labor (DOL)
Link: dol.gov/agencies/odep - Employer Assistance and Resource Network on Disability Inclusion (EARN)
Supports both private and public employers in their efforts to recruit, hire, retain and advance people with disabilities and to meet their diversity, equity, inclusion and accessibility (DEIA) goals.
Link: askearn.org/page/getting-started - Employers’ Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA)
Source: Job Accommodation Network (JAN)
Link: askjan.org/publications/employers/employers-guide.cfm - Employers’ Practical Guide: Reasonable Accommodation During the Hiring Process
Source: Job Accommodation Network (JAN)
Link: askjan.org/publications/employers/employers-guide-hiring-process.cfm - Requests for Medical Documentation and the ADA
Source: Job Accommodation Network (JAN)
Link: askjan.org/articles/Requests-For-Medical-Documentation-and-the-ADA.cfm - Job Accommodation Network (JAN)
Resources and information on employing, accommodating, and retaining workers with disabilities, and for understanding your duties and rights in the workplace. Choose information based on your role as Employers, Individuals, or Others.
Contact JAN:
(800) 526-7234 (Voice)
(877) 781-9403 (TTY)
Live Chat is available online.
Website: askjan.org
Information by Role: askjan.org/info-by-role.cfm
How to File or Resolve a Charge of Employment Discrimination
- How to File a Charge of Discrimination Against a Private or State/Local Government Employer
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Link: eeoc.gov/how-file-charge-employment-discrimination
You may file a charge of employment discrimination online, in person at an EEOC office, at a State or Local Fair Employment Practice Agency (FEPA), or by mail.
The EEOC does not take charges over the phone, but you can get the process started over the phone. You can call them to discuss your situation. An EEOC representative will ask you for some basic information to determine if your situation is covered by the laws they enforce and explain how to file a charge.
You may call 1-800-669-4000 (voice); 1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only); 1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only). - How to File a Complaint Against a Federal Agency
Link: eeoc.gov/federal-sector/overview-federal-sector-eeo-complaint-process - EEOC Mediation Process
A free, informal process in which a neutral person helps the employer and employee resolve a charge of discrimination.
Link: eeoc.gov/mediation
ADA Live Podcasts and Resources on Employment
You can access all ADA Live! episodes with archived audio, accessible transcripts, and resources at ADAlive.org. Most episode transcripts are also available in Spanish. (Transcripciones de los episodios en español.) Listen on the SoundCloud ADA Live! channel at soundcloud.com/adalive.
Source: Southeast ADA Center
- Episode 125: Applying the ADA’s Integration Mandate and Olmstead v. L.C. to Sheltered Employment and Day Services for People with Disabilities | Episode 125 Resources
Podcast: adalive.org/episodes/episode-125
Resources: adalive.org/resources/episode-125-resources - Episode 120 Resources: Federal Government Schedule A Program and Hiring Workers with Disabilities | Episode 120 Resources
Podcast: adalive.org/episodes/episode-120
Resources: adalive.org/resources/episode-120-resources - Episode 111: Supporting Our Veterans: Tips for Job Seekers and Returning Workers | Episode 111 Resources
Podcast: adalive.org/episodes/episode-111
Resources: adalive.org/resources/episode-111-resources - Episode 110: Ensuring Equity in Employment: A Celebration of National Disability Employment Awareness Month (NDEAM) | Episode 110 Resources
Podcast: adalive.org/episodes/episode-110
Resources: adalive.org/resources/episode-110-resources - Episode 109: Workplace Accommodations and the ADA | Episode 109 Resources
Podcast: adalive.org/episodes/episode-109
Resources: adalive.org/resources/episode-109-resources - Episode 104: Employment, ADA, and Post-COVID Health | Episode 104 Resources
Podcast: adalive.org/episodes/episode-104
Resources: adalive.org/resources/episode-104-resources - Episode 102: Improving Employment Outcomes for People with Disabilities | Episode 102 Resources
Podcast: adalive.org/episodes/episode-102
Resources: adalive.org/resources/episode-102-resources - Episode 99: Honoring Our Veterans – Services and Support for Veterans and Their Families | Episode 99 Resources
Podcast: adalive.org/episodes/episode-99
Resources: adalive.org/resources/episode-99-resources
Disability Employment Statistics
- 2023 Annual Performance Report
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Link: eeoc.gov/2023-annual-performance-report - Americans with Disabilities Act of 1990 (ADA) Charges (Charges filed with EEOC) (includes concurrent charges with Title VII, ADEA, EPA, and GINA) FY 1997- FY 2022
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Link: eeoc.gov/data/americans-disabilities-act-1990-ada-charges-charges-filed-eeoc-includes-concurrent-charges - Persons with a Disability – Labor Force Characteristics 2023 [PDF Format] | [HTML Format]
Source: Bureau of Labor Statistics (February 22, 2024)
PDF: bls.gov/news.release/pdf/disabl.pdf
HTML: bls.gov/news.release/disabl.nr0.htm - nTIDE Lunch & Learn Webinar Series
This monthly webinar series from the national Trends in Disability Employment (nTIDE) team discusses the Bureau of Labor Statistics jobs report and the latest news about disability employment.
Source: Center for Research on Disability
Link: researchondisability.org/ntide
EEOC Training and Outreach
- EEOC Training Institute
Provides a wide variety of training to assist employers in educating their managers and employees on the laws enforced by EEOC and how to prevent and correct discrimination in the workplace.
Link: eeotraining.eeoc.gov - No-Cost Outreach Programs
EEOC representatives may give free presentations in meetings, conferences and seminars with employee and employer groups, professional associations, students, non-profit entities, community organizations and others.
Link: eeoc.gov/no-cost-outreach-programs