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American's With Disabilities Act Title I Complaint Process
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.
Generally, the Equal Employment Opportunity Commission (EEOC) handles complaints under the ADA. A charge must be filed with the EEOC within 300 days (in Utah) from the date of the alleged violation. However, it is best to contact the EEOC promptly when discrimination is suspected.
Additionally, the Utah Anti-discrimination and Labor Division (UALD) is empowered to act as an agent of the United States Equal Employment Opportunity Commission and has authority to enforce the Americans with Disabilities Act. UALD receives, investigates, mediates, and resolves charges of employment discrimination. It also acts as a resource to employees and employers concerning laws, which prohibit employment discrimination.
Discrimination claims are handled by the Utah Anti-discrimination and Labor Division (UALD) of the Utah Industrial Commission. A request for agency action must be filed within 180 days after the alleged discriminatory or prohibited employment practice occurred. The Division will mail a copy of the request for agency action to the charging party and the employer within ten working days of the filing of the request for agency action. The employer must answer the allegations of discrimination or prohibited employment practice in writing within ten working days after receiving the request for agency action. You may also choose to litigate your claim in court. However, laws enforced by the EEOC require filing a charge with the EEOC before a private lawsuit may be filed in court.
If You Think You Have Been Discriminated Against
Act quickly. First, you should notify your employer of your specific concerns. Identify the ways in which you have been discriminated against and/or what accommodations you believe are needed. You can also request an evaluation to determine what assentive technology would help you to do your job. Do this in writing in order to make a clear record.
If self-advocacy doesn't work, contact the appropriate state or federal agencies. All agencies have filing deadlines calculated from the time you knew that you were being discriminated against. For example, if you receive a two-week termination notice, the deadline for filing a discrimination claim may be calculated from the date of that notice, not the date of termination.
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Uatpat.org - The Utah Assistive Technology Program is designed to help you know what assistive technology is available, how to get funding for assistive technology, and to provide you with links and resources.