EEOC Hearings for ADA Disability Discrimination Claims

The Americans with Disabilities Act (ADA) protects individuals with disabilities. Any violation of the Act may be an object of claims and hearings. Disabled individuals who are discriminated against can file their claims with the U.S. Equal Employment Opportunity Commission (EEOC) which is tasked to enforce the employment provisions of the ADA.

When filing before the EEOC, the claim shall undergo the following processes:

Hearing Request

At the end of the Formal EEOC process, the claimant shall be informed of his right to request an EEOC hearing upon receipt of Report of Investigation. The hearing is made before an administrative judge.

However, not all cases can be heard before the EEOC. Cases of constructive discharge or forced resignation for non-probationary federal employees are appealable only to the Merit System Protection Board (MSPB) as well as the mixed case complaints.

Hearing Process

Upon requesting a hearing, the EEOC hearing unit will notify the Agency of its obligation to produce Agency’s Investigative File (AIF) as well as the Summary Report Investigation (ROI). Failure to provide AIF and ROI can result to a default judgment against the Agency in which case the claimant may write the EEOC hearing unit for a default judgment against the Agency.

Once a case is set for EEOC hearing, an administrative judge (AJ) is assigned to the case. The AJ will issue an Acknowledgement and Order specifying a series of deadlines such as deadlines for discoveries, motions, etc. All requests must be made in the form of "motion".

In EEOC hearing proceeding, hearsay evidence is allowed. Moreover, it is at the hearing stage that stipulations of facts agreed to by the parties. The more stipulations agreed to by the parties, the shorter the hearing will be.

Settlement

Discussions on settlement are usually ordered by the judge at the outset of the hearing process.  The judge may even render a judgment without hearing the claim.

Usually the Agency files a summary judgment. To defeat this, a party must show that the material facts presented by the Agency are disputable. If the judge renders a summary judgment, the prehearing and the hearing will be cancelled and a decision will be issued thereafter. The decision will be included in the Final Agency Decision (FAD).

Scheduling Order

Due to case backlogs, the schedule for hearing may not be set right away. When this happens, the claimant may file a civil action within 180 days if no action has been taken by the judge. On the other hand, if the judge decides to hear the claim, a Scheduling Order shall be issued.

Decision

An AJ’s decision is rendered within 30 to 60 days from the completion of the hearing. Should the decision be unfavorable, the claimant may appeal the FAD incorporating the AJ’s decision but may not appeal the judge’s decision itself. Within 40 days of rendering decision, the Agency is required to issue FAD along with the notice of the claimant’s right to appeal before the EEOC or a district court.

The above processes may be overwhelming for an ordinary claimant. Hence, a legal professional may be consulted for better understanding.