An employee is someone with whom the employer has an employment relationship. The existence of an employment relationship is most readily but not exclusively shown by a person's appearance on the employer's payroll.
Independent contractors are not counted as employees. This is because the work they perform is based on an independent contractual relationship, not an employment relationship. When can employees file charges? Employees must file their charge with EEOC within days from the date of the alleged discrimination. If the employer is also covered by a state or local employment discrimination law, the time to file a charge with EEOC is extended to days.
How are charges filed with the EEOC? Any individual who believes that his or her employment rights have been violated because of his or her race, color, sex, religion, national origin, age, disability or because of retaliation may file a charge of discrimination with EEOC. Under statute, EEOC must accept the filing of a charge. EEOC investigators interview individuals alleging employment discrimination to establish whether we have jurisdiction.
Investigators explore in detail a potential charging party's description of the alleged violation and the pertinent date s. This information is assessed to determine the potential merits of the charge. Based upon our assessment, we advise the potential charging party whether we will investigate or immediately dismiss the charge.
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For example, it is unlawful for a supervisor to refuse to promote a Vietnamese person to a management position because he or she believes that Asian people are not good leaders. Employment policies and practices may be discriminatory under Title VII based on disparate treatment or disparate impact.
Disparate treatment involves intentional discrimination by an employer. Similarly, employees who belong to a protected group cannot be segregated or physically isolated from either other employees or clients.
For example, it is illegal for a major corporation to assign only white people to positions at an office in a predominantly white area or to assign primarily Asian employees to positions at an office in an area with a high Asian population.
An exception to the general rule against disparate treatment exists when the lack of a protected characteristic is a bona fide occupational qualification BFOQ for a particular job. An employer may successfully defend on the grounds that although a particular requirement seems intentionally discriminatory, it is a BFOQ for a job. For example, if a movie role calls for an actor to play Abraham Lincoln, the casting director may choose to consider only white males, even though this seems to discriminate on the basis of race and sex.
Title VII also prohibits apparently neutral job policies that have a disproportionate impact on protected groups. However, an employer that institutes a policy alleged to have a disparate impact may defend itself on the grounds that the policy is important for job performance or is a business necessity. A seemingly neutral policy of soliciting applications only from sources where all of the potential job candidates are of the same race could have a disparate impact.
For example, if an employer has a policy of hiring only applicants who belong to a private country club that has an all-white male membership, this policy would have a disparate impact, adversely affecting minorities and women.
Harassment must be unwelcome and either severe or pervasive to be actionable. If you are harassed, it is important to notify the perpetrator that you find his or her behavior offensive and to notify the employer.
A failure to give an employer notice can adversely affect a discrimination claim. For example, if a coworker propositions you for sexual favors repeatedly, you should report the sexual harassment to your Human Resources department or follow grievance procedures outlined in your employment handbook to give your employer a chance to correct the situation before filing a claim with the EEOC.
As in Section , employers must make reasonable accommodation to the known physical or mental limitations of a qualified person with a disability unless the accommodation would impose an undue hardship. It also prohibits retaliation for opposing disability discrimination or participating in the complaint process.
Title I applies to all employers who are covered by Title VII and prohibits discrimination based on disability in all aspects of the employment relationship. In addition to the above statutes it should be noted that employment discrimination by recipients of Federal assistance also is prohibited by Title II of the ADA, Section , Title IX and Title VI Title VI employment jurisdiction is limited to cases in which the primary purpose of the Federal assistance is to provide employment and to those cases in which the employment discrimination tends to discriminate against beneficiaries.
Each of these laws prohibit retaliation against individuals because they oppose practices that they reasonably believe are unlawful under the employment discrimination statutes or because they participate in proceedings under the employment discrimination statutes.
The Federal agencies will continue to work with you and other benefit providers as welfare reform is implemented. Attached are addresses and telephone numbers of the Federal agencies as a helpful reference for questions related to civil rights and welfare reform.
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