>From the web page http://www.dol.gov/dol/wb/public/wb_pubs/disabled.htm U.S. DEPARTMENT OF LABOR WOMEN'S BUREAU Disability Discrimination "DON'T WORK IN THE DARK" KNOW YOUR RIGHTS More American women are working today than ever before. But, even with far wider opportunities for women to work in a variety of jobs, less than half of women with disabilities are currently employed. If you have a physical or mental impairment that substantially limits one or more major life activities (walking, seeing, speaking, or hearing, for example), you should know what your workplace rights are. And if you have had a disability in the past or if your employer thinks you have a disability (but you don't), the Americans with Disabilities Act (ADA) may protect you. The ADA protects job applicants and workers against disability discrimination. One part of the ADA outlaws discrimination in job application procedures, hiring, firing, advancement, job assignments, pay, benefits, job training, and other employment practices. Other parts apply to state and local government services and employment, public accommodations, transportation, and telecommunications. HAVE ANY OF THESE THINGS EVER HAPPENED TO YOU? * You use a wheelchair, and have several years experience as a receptionist. But you didn't get hired because the employer wanted a person without an obvious disability dealing with customers. * You were fired when your boss refused to modify your work schedule to allow treatment for breast cancer, although you performed the essential functions of your job. * Your back was permanently injured while lifting patients as a nursing home aide. Your employer refuses to purchase the necessary inexpensive equipment enabling you to lift patients safely. * A family member is infected with the virus that causes AIDS, and after co-workers complain to your employer about sharing office equipment with you -- you lose your job. * You're blind, you've been sexually harassed by a co-worker and you're having trouble getting your employer to understand that a woman who is blind can be a target of sexual harassment. * Your employer finds out you are seeing a psychotherapist for depression and fires you. If you have experienced any of these situations, you are not alone. Although many women with disabilities are fully qualified to perform many different jobs, some people believe that a woman with a disability does not need or deserve equal employment opportunities, but, instead, should depend entirely on others' care. Thousands of women workers and job applicants with disabilities file charges of discrimination every year with their federal, state, or local civil rights or fair employment practices agencies to try to get equal treatment on the job. WHAT THE LAW SAYS Under the Americans with Disabilities Act, private employers who have at least 15 workers, State and local government employers, employment agencies, labor unions and the U.S. Congress are not allowed to: * Recruit only job applicants without obvious disabilities; or * Ask job applicants to describe their disability and to take medical examinations before a job offer is made; or * Give fewer or less attractive advancement opportunities to qualified workers with disabilities than to others or fire qualified workers because of disability; or * Treat qualified workers with a disability worse than other workers, because of the disability. The Rehabilitation Act of 1973 protects you against disability discrimination, if you are employed by a Federal contractor or by the Executive Branch of the Federal government. This law also requires Federal contractors to take affirmative action for people with disabilities. PREGNANCY DISCRIMINATION Discrimination related to temporary disabilities caused by pregnancy is illegal under the Pregnancy Discrimination Act. CIVIL RIGHTS Sex, race, religion, and national origin discrimination are also illegal under Federal law and under many State and local laws. Under Title 7 of the Civil Rights Act, employers who have at least 15 workers must not discriminate for these reasons in hiring, pay, benefits, promotion, training, terminations or other employment practices. AGE DISCRIMINATION The Age Discrimination in Employment Act protects women and men, forty years of age and older, from job discrimination based on age. WHAT CAN YOU DO IF YOU'RE DISCRIMINATED AGAINST? With the passing of equal opportunity laws, doors that were firmly closed have been pried open by women's, civil rights and disability advocacy groups and others working to ensure fair treatment in the work place for all. * IF YOU THINK YOU'VE BEEN DISCRIMINATED AGAINST, WRITE DOWN WHAT HAPPENED. List the date, time and place of the incident immediately. Include what was said and who was there. Keep a record of any comments that describe people with disabilities or women negatively (whether the comments are made to you or others). Keep your notes in a safe place at home, not in the office. * GET EMOTIONAL SUPPORT FROM FRIENDS, FAMILY MEMBERS AND SUPPORT GROUPS. It can be very upsetting to feel you have been treated unfairly at work. Think carefully about what you want to do, and get the help you need. * IF YOU'RE WORKING -- CONTINUE DOING A GOOD JOB AND KEEP A RECORD OF YOUR WORK. If your employer's personnel policies allow it, keep copies at home of your job evaluations and any letters or memos that show your good work (your boss may try to criticize your job performance later in order to defend his or her act of discrimination). * FIND OUT HOW OTHER PEOPLE WITH DISABILITIES HAVE BEEN TREATED. Talk to other workers with disabilities to find out if they have had trouble at work due to their disability and how they handled it. You may want to share information on your unfair treatment and begin thinking of ways to improve working conditions at your company, including hiring, pay, promotion, work schedule or termination practices. A different law, the National Labor Relations Act, protects your right to meet together with other workers in an effort to improve your working conditions. For more information, contact the National Labor Relations Board (NLRB). * TALK TO YOUR EMPLOYER. It is generally an employee's responsibility to ask her employer for a reasonable accommodation such as, - an alternative way to work that would allow you to perform the "essential functions" of your job, in an efficient and cost effective manner. (See your personnel or EEO/affirmative action officer if you need more clarity.) You may decide to try to work the problem out informally or to file a complaint with an agency (see "You Have a Right to File A Charge" below). Just remember, EEO laws have strict time limits on filing a complaint, so file your complaint quickly. Explain your complaint to supervisors and administrators in writing. Ask for information about alternative dispute resolution, which is one choice for you to consider. Some companies are trying new ways to resolve job problems, like "mediation," in which someone you and your employer trust tries to help resolve the problem. Check your employee handbook for procedures. 6. IF YOU ARE REPRESENTED BY A UNION, TALK TO YOUR UNION STEWARD OR REPRESENTATIVE. Union rules often allow you to file a grievance. Learn what protections your collective bargaining agreement, company rules and employee handbook require. If your workplace is not organized, you may want to join an existing union. If a union does not exist within your company, you may want to consider forming your own with others during your lunch break. As a union member you can negotiate, along with other workers, for better pay, benefits, and working conditions. Some union contracts allow you to challenge an unjust termination. If you and at least one other worker try to improve working conditions, the National Labor Relations Act forbids your being punished by your employer for your activities. This is true whether or not your goal is to form a union. 7. YOU HAVE A RIGHT TO FILE A CHARGE. Laws have very short time limits on how long you can wait to file a discrimination charge against your employer - the time limit can be as short as 180 days from the date of the discriminatory action for filing with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency whose job it is to protect you from discrimination based on disability, sex, race, color, national origin, religion and age. Many states and cities have similar fair employment practices agencies. In many states, a state or local agency investigates discrimination cases first and tries to solve them. You can find out where to file a charge with the EEOC at 1-800- 669-4000. If you are among the one quarter of the workforce employed by a federal contractor, you can file a charge with the Department of Labor's Office of Contract Compliance Programs (OFCCP). You can file a charge even if you do not work for your employer anymore. If you have left your job because of how you were treated, you may be able to file a complaint about that. YOU CAN WIN Many women have fought discrimination and have improved their own work lives and the lives of others down through generations. The first step is to know your rights under both federal and state law -- the second is to know the facts about your personal situation and third is to exercise your rights, working together with other women, as you begin to create the solutions. Civil rights, equal employment opportunity and affirmative action -- all three protect your legal rights to equal treatment on the job. Full enforcement of these laws benefits all workers -- with and without disabilities -- by creating a fair workplace. If you have been discriminated against on the basis of disability and you decide to take your case to court, you may be entitled to hiring, promotion, reinstatement, back pay or other money, or reasonable accommodation including reassignment. You may also be entitled to money damages to pay you for future financial losses, emotional pain and the aggravation of having to go to court to be treated fairly. Money damages that punish your employer may also be available, if your employer acted in ways intended to cause you harm. You may also be entitled to attorney's fees, expert witness fees, and court costs. WHERE TO GET HELP The President's Committee on Employment of People with Disabilities (PCEPD), 1331 F Street, N.W., Suite 300, Washington, D.C. 20004 (202) 376-6200; (202) 376-6205 (TDD) Contact the President's Committee Job Accommodation Network (JAN) about job accommodation strategies, and the employability of people with disabilities at: 1-800-ADA-WORK (voice or TDD) or visit the JAN website at http://janweb.icdi.wvu.edu/ U. S. Department of Justice (DOJ) - For information about state and local governments' requirements, public accommodations (businesses), and commercial facilities, call 1-800-514-0301 or 1-800-514-0383 (TDD) Technical assistance materials and press releases on ADA cases are available on the Internet at http://www.usdoj.gov/ EEOC - Contact local offices listed in telephone directory under "U.S. Government, EEOC" or call 1-800-669-4000. Check your local library to obtain a copy of EEOC's "A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act." For publications only, call 1-800-669-3362. OFCCP - Contact local offices listed in telephone directory under "U.S. Government, Department of Labor/OFCCP" or 1-888-NEUTRAL or visit the OFCCP's website at http://www.dol.gov/esa/public/ofcp_org.htm/ NLRB - Contact local offices in telephone directory under "U.S. Government, NLRB." Disability Rights Education and Defense Fund (DREDF) For technical assistance and information on legal resources 1-800-466-4232 Women's Bureau Clearinghouse - The Women's Bureau has produced a series of education and awareness publications. The "Don't Work in the Dark" initiative covers pregnancy, family and medical leave, age, sexual harassment, and wage discrimination. For free copies, names of local resource organizations on disability, and information on other workplace issues call 1-800-827-5335 or visit the Women's Bureau's website at http://www.dol.gov/dol/wb/ REGIONAL OFFICES OF THE WOMEN'S BUREAU Region I: Boston J.F. Kennedy Building Government Center, Room E-270 Boston, MA 02203 Phone: (617) 565-1988 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont) Region II: New York 201 Varick Street, Room 601 New York, NY 10014 Phone: (212) 337-2389 (New Jersey, New York, Puerto Rico, U.S. Virgin Islands) Region III: Philadelphia Room 2450, Gateway Bldg. 3535 Market Street Philadelphia, PA 19104 Phone: 1-800-379-9042 or (215) 596-1183 (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia) Region IV: Atlanta Atlanta Federal Center, Suite 7T95 61 Forsyth Street, SW Atlanta, GA 30303 Phone: 1-800-672-8356 or (404) 562-2336 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Region V: Chicago 230 S. Dearborn Street, Room 1022 Chicago, IL 60604 Phone: 1-800-648-8183 or (312) 353-6985 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Region VI: Dallas 731, Federal Bldg. 525 Griffin Street Dallas, TX 75202 Phone: 1-888-887-6794 or (214) 767-6985 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) Region VII: Kansas City City Center Square Building 1100 Main Street, Suite 1230 Kansas City, MO 64105 Phone: 1-800-252-4706 or (816) 426-6108 (Iowa, Kansas, Missouri, Nebraska) Region VIll: Denver 1801 California Street, Suite 905 Denver, CO 80202-2614 Phone: 1-800-299-0886 or (303) 844-1286 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Region IX: San Francisco 71 Stevenson Street, Suite 927 San Francisco, CA 94105 Phone: (415) 975-4750 (Arizona, California, Guam, Hawaii, Nevada) Region X: Seattle 1111 Third Avenue, Room 885 Seattle, WA 98101-3211 Phone: 1-(206) 553-1534 (Alaska, Idaho, Oregon, Washington) WORKING FOR WORKING WOMEN The Women's Bureau's job is to identify and promote policies to improve working conditions for women. As part of the Department of Labor, we inform people about the rights of working women, using brochures like this one. Please feel free to call or write us. Together we can make a better workplace for everyone. ---------- End of Document