The
federal agencies that help
victimized
employees fight their case against employers:
EEOC- The Equal Employment Opportunity
Commission (EEOC)
The agency deals with employee complaints on
discrimination.
If an applicant or employee has been discriminated
against at any stage of employment, he/she has to
first file a complaint with the EEOC before contemplating
any private legal actions. The complaint can be filed
by someone else on behalf of the victimized employee,
if he/she wants to protect his/her identity.
Filing a charge
A charge may be filed by mail (certified, return
receipt requested) or in person at the nearest EEOC
office. The charges should be in writing, signed and
sworn to before a person authorized to take an oath.
The complaint should provide enough information for
the EEOC to determine the nature of the charges.
The complaining applicant or the employee should write
his/her name, address, and telephone number, and the
name, address, and telephone number of the respondent
employer, employment agency, or union that is alleged
to have discriminated, and the number of employees
(or union members), if known. A short description
of the alleged violation (the event that caused the
complaining party to believe that his/her rights were
violated) and the date(s) of the alleged violation(s).
Time limits for filing
a charge
A charge must be filed with the EEOC within 180 days
from the date of the alleged violation, in order to
protect the charging party's rights. This 180-day
filing deadline is extended to 300 days if the charge
also is covered by a state or local anti-discrimination
law. These time limits do not apply to claims under
the Equal Pay Act (EPA), because under that Act persons
do not have to first file a charge with the EEOC in
order to have the right to go to court. However, since
many EPA claims also raise Title VII sex discrimination
issues, it may be advisable to file charges under
both laws within the time limits indicated. To protect
legal rights, it is always best to contact the EEOC
promptly when discrimination is suspected.
The EEOC notifies the employer within ten days after
the complaint is filed. The complaint can only be
withdrawn by the employee who has filed the charge.
His/her attorney cannot do it without the employee’s
signature, and the complaint cannot be withdrawn without
the approval of the EEOC.
EEOC Powers
The EEOC has the authority to investigate the employee’s
complaint, including inspecting employer records,
interviewing other employees, summoning witnesses,
requiring the opening of relevant documents, and bringing
legal action.
Penalties to be awarded
The "relief" or remedies available for employment
discrimination, whether caused by intentional acts
or by practices that have a discriminatory effect,
may include hiring, reinstatement, promotion, back
pay, front pay, and reasonable accommodation. Remedies
also may include payment of attorney's fees, expert
witness fees, and court costs.
Compensatory and punitive damages also may be available
where intentional discrimination is found. Damages
may be available to compensate for actual monetary
losses, for future monetary losses, for mental anguish,
and inconvenience. Punitive damages also may be available
if an employer acted with malice or reckless indifference.
The total amount of punitive damages and compensatory
damages for future monetary loss and emotional injury
for each individual is limited, based upon the size
of the employer.
Many states and localities have anti-discrimination
laws and agencies responsible for enforcing those
laws. The EEOC refers to these agencies as "Fair
Employment Practices Agencies (FEPAs)." Through
the use of "work sharing agreements," the
EEOC and the FEPAs avoid duplication of effort while
at the same time ensuring that a charging party's
rights are protected under both federal and state
law.
If a charge is filed with an FEPA and is also covered
by federal law, the FEPA "dual files" the
charge with the EEOC to protect federal rights. The
charge usually will be retained by the FEPA for handling.
If a charge is filed with the EEOC and also is covered
by state or local law, the EEOC "dual files"
the charge with the state or local FEPA, but ordinarily
retains the charge for handling.
DOL- Department of labor
The DOL is the agency to approach for wage and hour
complaints. If the employee approaches the U.S. Department
of labor, they will refer him/her to the state department
of labor.
Filing a claim for unpaid
(underpaid wages)
The employee can file a “claim for unpaid wages”
form with the Department of Labor, if he/she believes
that the employer owes him/her wages, for unpaid overtime,
or for any other unpaid work performed. Sometimes,
it is better to hire a private attorney to pursue
a complaint rather than wait for the overworked and
understaffed Department of Labor to look into the
complaint.
Time Limit for filing
Under the Fair Labor Standards Act (FLSA), there is
a two-year statue of limitations on filing a claim
for wages. The employee has two years from the time
of the complaint he/she knew or should have known
of the violation within which to bring the action.
Penalties to be awarded
Back pay- These awards are limited to two years’
worth of unpaid (or underpaid) wages, and three years
in case of willful violations.
Damages- Damages can recover an amount equal to the
employee’s unpaid or underpaid wages.
Attorney fees and costs- If the employee wins the
case, reasonable attorney’s fees and suit costs
are recoverable.
The Occupational Safety and Health
Administration (OSHA)
Workplace safety standards are overseen by OSHA.
The federal OSHA gives employees the right to file
complaints about workplace safety and health hazards.
Further, the Act gives complainants the right to request
that their names not be revealed to their employers.
Complaints from employees and their representatives
are taken seriously by OSHA.
Filing a complaint
If the employee believes that his/her working conditions
are unsafe or unhealthful, he/she can file a complaint
online. Most online complaints are addressed by OSHA’s
phone/fax system, resolved informally over the phone
with the employer. OSHA can undertake online submission,
if single written complaints are submitted to an OSHA
area or state plan office.
Employee complaints from OSHA will be forwarded to
the appropriate state plan for responses.
The employee can download the OSHA complaint form
or can obtain it from an OSHA office and then fax
or mail the completed form to the local OSHA regional
office. The employee should include his/her name,
address, and telephone number.
The employee can also file a discrimination complaint,
if the employer has retaliated for filing a complaint
with OSHA or in violation of any rights under the
OSHA act, or was fired for refusing to work when faced
with imminent danger, death or serious injury. If
there is an emergency or the hazard is immediately
lifethreatening, the employee should call the local
OSHA regional office or 1-800-321-OSHA.
The Immigration and Naturalization
Service (INS)
According to the Immigration Reform Control Act (IRCA),
it is illegal to employ illegal immigrants who are
ineligible to work in the United States. The IRCA
is administered and enforced by the INS.
Filing a complaint
Applicants or employees can file their complaints
with the INS, if they are required to supply more
and different documents than necessary to verify employment
eligibility because of a different accent, look, etc.
The individual can also file a complaint, if he/she
believes that the employer has hired an illegal alien
instead of him/her.
The complaint has to be given in writing; it should
mention the date, time, and places; identify the employer;
and giving details of unlawful actions.
Investigation
The INS, acting on a valid complaint, will investigate
to determine if there has been any kind of violation
of the law. The INS will bring a complaint by issuing
a citation or notice of its intention to level a fine.
The employer has the right to answer and contest the
complaint within 30 days. If the INS shows its unwillingness
to proceed on the employee’s complaint, he/she
is given 90 days to bring his/her own discrimination
lawsuit. He/she might consult an attorney.
The State Workers’
Compensation Commission
Each state’s Workers’ Compensation Commission
administers and enforces workers’ compensation
laws.
Filing a claim
Employees should give notification about their intention
to file a claim for workers’ compensation benefits.
Different states have different time limits to notify
employers. Generally, it is sufficient to state about
the claim in enough detail to give the employer a
chance to contest. Written notices should be sent
through certified mail, return receipt requested.
The employee should have sustained injury or illness
during the course of employment to be eligible for
workers’ compensation benefits. The employee
can fill out the claim form listing the details of
the accident or illness and its relationship to the
job.
If the employer does not oppose, the employee will
begin receiving benefit checks within a couple of
weeks. If the employer decides to contest and when
the severity of the injury and the job connection
is not so obvious, then it is better to consult an
attorney. Employers are required to pay an employee’s
medical bills resulting from onthe- job injury or
illness.
In certain conditions, the workers’ compensation
commission may require the employee to undergo a medical
examination by a doctor chosen by the employer or
the commission, to authenticate the validity of the
complaint.
Informal and Formal Hearing
If the employer contests the claim, both the parties
will be given an opportunity to present their case.
It may include presenting witnesses, medical documentation,
and other evidence at an informal hearing. At the
informal hearing there is no need for the presence
of an attorney. The employee can present his/her case
solo with valid evidence to back it up. If, at the
informal hearing, a settlement does not happen, the
commission will call a formal hearing. It is advisable
to consult an attorney at this time.
Appeals
Both the parties have the right to pursue an appeal
all way through the workers’ compensation commission
and into the courts. However, chances of reversal
on the decision (as it is based on existing evidence)
are very remote.
Benefits
The employee remains eligible for total benefits,
as long as he/she is incapacitated and unable to work.
However, he/she has to report periodically to the
workers’ compensation commission for continued
eligibility of benefits. The employee will receive
partial benefits once he/she returns to some kind
of work.
The state unemployment compensation
commission
This agency administers or enforces the unemployment
compensation in the employee’s state.
Filing a claim
If the employee is fired or laid off for any reason
other than voluntarily quitting a job or misconduct,
he/she is eligible to receive unemployment benefits.
The employee should fill out a form at the local employment
office, stating the reason behind the job termination.
Predetermination hearing- If the employer contests
the claim, the commission will ask both parties to
present their case along with evidence at a predetermination
hearing. It depends upon the employee whether to have
an attorney present or not.
Hearing - If no conclusion has been reached from a
predetermination hearing, the commission will hold
a formal hearing to resolve the issue. However, the
employee may be awarded benefits pending the outcome
of the hearing.
Appeal- Both parties have the right to appeal the
denial or award of benefits through the unemployment
compensation commission and in the court. Most of
the time, the appeal turns out to be futile, as the
decision is made on the basis of existing records.
