Our employment discrimination lawyers have repeatedly blogged to warn employees of the perils of filing with the Equal Employment Opportunity Commission (“EEOC”) on their own. Promoted by the EEOC as a simple and easy process, it is anything but. In reality, checking the wrong box or omitting a single check mark can doom your claim. There is no forgiveness for clerical errors.
This brings us to the tale of James Lee Keith.
Keith, an employee at Volvo’s New River Valley (NRV) Plant, endured serious injuries in a non-work-related vehicle accident in 2011, resulting in significant physical limitations. Following the accident, he was placed on sick leave and later transitioned to long-term disability benefits due to his inability to return to full-time work. Despite efforts to rejoin the workforce, Keith faced challenges due to his injuries. In attempts to return to work, Keith sought accommodations to perform suitable tasks. He expressed interest in an Engineering Technician position in the Plastic Paint Department, believing it aligned with his physical restrictions. To support his request, Keith provided medical documentation from his physician, detailing his capabilities and limitations. However, after consideration of his medical records and the essential functions of that job, Volvo determined that Keith’s physical limitations rendered him unable to meet the demands of the position, even with potential accommodations. Specifically, Keith had a 20-pound lifting restriction while the employer pointed to a job description (created after the request for accommodation) that established a 40 pound lifting requirement for the Engineering Technician position. Instead, Volvo offered Keith a position that he previously held as an accommodation, which he rejected. Throughout the process, Keith remained committed to rejoining the workforce and actively engaged with Volvo to explore opportunities.
Keith filed with the EEOC and then sued for failure to accommodate and interference with his rights under Americans with Disabilities Act (“ADA”) by intimidating him through threats to fire him.
Should I get help from a lawyer to file a charge with the EEOC?
Absolutely! Before initiating a lawsuit concerning a claim under the ADA, an employee is required to exhaust their administrative remedies by first filing a charge of discrimination with the EEOC or an equivalent state agency. This process mirrors the exhaustion requirements applied to claims under Title VII of the Civil Rights Act of 1964. The charge filed with the EEOC must sufficiently identify the parties involved and provide a general description of the alleged discriminatory actions or practices. Essentially, the claims presented in the initial charge, those reasonably related to it, and those uncovered through a reasonable investigation of the original complaint may be pursued in subsequent litigation. In essence, the employee’s claims in a lawsuit must align with the issues raised in the initial administrative charge or those developed from a thorough investigation of the initial complaint.
Failing to identify a claim in an EEOC charge can have significant consequences for an employee. If an employee fails to adequately identify a claim in their EEOC charge, they may be barred from raising that claim in subsequent litigation. Claims that were not included or reasonably related to the original charge may be dismissed for failure to exhaust administrative remedies.
In essence, the consequence of failing to identify a claim in an EEOC charge is that the employee may lose the opportunity to pursue legal action on that particular claim in court. Indeed, by the time any problem is identified by a Court, the employee has no ability to go back and fix the EEOC filing forms to bring them into compliance and the claims will be lost forever.
In Keith, he checked all the right boxes and identified that he intended to bring claims arising from violations of the ADA. The United States Court of Appeals for the Fourth Circuit held that this was not enough to save his intimidation claim:
Although the EEOC form did not have a box labeled “interference,” the narrative portion of Keith’s charge solely relates to his failure-to-accommodate claim. The charge said nothing about Volvo threatening to terminate his employment. See Miles v. Dell, Inc., 429 F.3d 480, 492 (4th Cir. 2005) (holding plaintiff failed to exhaust retaliation claim where the charge did “not remotely allege that [a manager] retaliated against [the plaintiff] because she had complained of his discriminatory conduct to his supervisor, and it d[id] not otherwise allege facts that would have put [the employer] or the EEOC on notice that she was charging [the employer] with retaliation”). And Keith’s pro se status cannot excuse his failure to allege any facts suggesting an interference claim. See Rodriguez v. Airborne Express, 265 F.3d 890, 897 (9th Cir. 2001); Shannon v. Ford Motor Co., 72 F.3d 678, 685 (8th Cir. 1996).
Id. at *3.
This underscores the importance of getting legal help when filing administrative charges of discrimination, as it can impact the viability of subsequent legal proceedings.
Best ADA Lawyer Blogs on Point:
- Don’t File With The EEOC On Your Own
- EEOC Charge Deadlines Cannot Be Extended – Even By Agreement
- Title VII And EEOC Deadlines Are Strict And Confusing: Get Attorney Help
- The EEOC Will Not Help You Properly Fill Out The Charging Form
Can my employer pick a disability accommodation that I don’t want?
Yes. The employer can pick any accommodation that reasonably meets the requirements of the employee’s disability limitations. Employers are obligated to engage in an interactive process with their employees to identify reasonable accommodations in good faith, but are not required to provide the exact accommodation requested by the employee. Instead, employers can offer alternative reasonable accommodations. This means that employers have the final discretion to select effective accommodations, ultimately choosing between any various options that meet the employee’s needs.
Keith argued that Volvo’s proposal to reinstate him to his previous position suggests a lack of genuine engagement in the interactive process. However, the Fourth Circuit Court of Appeals held that Volvo met its obligations on this claim by offering the employee a job that he could perform.
Best Disability Work Accommodation Attorney Blogs on Point:
- ADA Does Not Require Perfect Accommodation Be Given
- Can I Pick The ADA Accommodation I Want?
- Be Clear And Direct In Requesting ADA Work Accommodations
- How Do I Plead A Disability Under The ADA?
- Who Decides Scope Of ADA Accommodations? Doctors
How do I find help to file an EEOC charge?
Consulting a dedicated employment attorney to assist in preparing an EEOC charge is critical for several reasons. First and foremost, navigating the complexities of employment discrimination laws and ensuring that all necessary information is included in the charge requires legal expertise. An attorney experienced in employment discrimination, harassment, and failure to accomodate can help ensure that the charge is accurately and comprehensively drafted, maximizing the chances of success in subsequent legal proceedings.
Spitz, The Employee’s Law Firm, is an excellent choice for handling such matters due to their extensive experience in employment law. With a track record of successful jury verdicts in discrimination cases, they have demonstrated their ability to effectively advocate for their clients’ rights. Additionally, their firm’s resources and commitment to clients’ well-being further enhance their effectiveness in handling EEOC charges.
One notable advantage of choosing Spitz is their no-fee guarantee, which means that clients do not have to pay any legal fees unless they win their case. This provides clients with peace of mind and ensures that they can pursue justice without financial risk.
Moreover, Spitz is known for its genuine concern for clients’ well-being. They prioritize understanding their clients’ needs and concerns, providing personalized attention and support throughout the legal process. This level of dedication fosters trust and confidence in their clients, making them a preferred choice for handling EEOC charges and other employment-related legal matters.
Best EEOC Law Firm Blogs on Point:
- It’s Bad To File With The EEOC Without A Lawyer
- Read This Before Filing An EEOC Charge
- Why You Need A Lawyer Before Filing With The EEOC
- How Do I Write A Good EEOC Complaint? Get Help
Disclaimer:
The disability discrimination, failure to accommodate, and ADA information provided on this employment website and employee’s rights blog is for general informational purposes only and should not be considered legal advice. Viewing this website or communicating with our firm through this website does not establish an attorney-client relationship. While we strive to keep the information accurate and up to date, we make no guarantees about its completeness or reliability. Any reliance you place on the information provided is at your own risk. Spitz, The Employee’s Law Firm, is not liable for any loss or damage resulting from the use of this website. Links to other websites are provided for your convenience and do not imply endorsement. Results in past cases do not guarantee similar outcomes in future cases. Each case is unique, and you should consult with a qualified attorney before making any legal decisions. By accessing this website, you agree to these terms. If you do not agree, do not use this website.