Albo & Oblon, L.L.P - Arlington/Main Office.
2200 Clarendon Blvd., Ste. 1201
Arlington, VA 22201
(703) 312-0410
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Albo & Oblon, L.L.P -- Fairfax County Office
6367 Rolling Mill Place, Suite 102
Springfield, VA 22201
(703) 455-0046
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Albo & Oblon, L.L.P. -- Norfolk/Hampton Roads Office
World Trade Center
101 West Main Street, Suite 435
Norfolk VA 23510
(757) 200-7900
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Albo & Oblon, L.L.P. -- Washington, D.C./Maryland Office
641 Indiana Avenue, N.W., Second Floor
Washington, DC 20004
(202) 386-7470
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Pursuing Violations of Rights
Q: What remedies may be available to me if I am the victim of employment discrimination?
A: Individuals that believe they are the victim of race, color, sex, religion, or national origin discrimination could be in a position to file a discrimination complaint under Title VII of the Civil Rights Act of 1964. Title VII applies to employers with fifteen or more employees, including both private and public sector employers. Title VII also has a non-retaliation provision, which prohibits the employer from retaliating against an individual who seeks to file a claim or pursue EEO-related rights under the statute. In order for a plaintiff to prevail in a claim under Title VII, he or she must establish that in the context of hiring, training, compensation, promotion, demotion or other type of adverse action, he or she was treated differently because of their race, color, sex, religion, or national origin. The prevailing plaintiff need not prove that, for example, race was the sole or primary factor in why they were not selected for a promotion. The plaintiff need only establish that race was a determining factor.
Q: What time limitations exist for filing an EEOC complaint against a private employer, and what if any limitations exist on the amount of damages I can pursue for each alleged violation of my rights?
A: For private sector employment, a complaint must generally be filed with the Equal Employment Opportunity Commission (the "EEOC") within 180 days of the alleged discrimination. Local human rights commissions may also exist, which have different deadlines, depending upon the jurisdiction. If the EEOC issues a finding of no discrimination under Title VII, the agency will issue a so-called "right-to-sue" letter, advising the complaining party that he or she has ninety days to file a lawsuit in state or federal court. In a subsequent lawsuit, a plaintiff is entitled to a jury, and can be awarded compensatory damages up to $300,000.00 for each civil rights violation.
Q: Can the 180 time limitation for filing an EEOC complaint applicable to private employment be extended?
A: The 180 filing limitation applicable to private sector employment can be extended in certain situations to 300 days, but only if "the person aggrieved has initially instituted proceedings with a state or local agency with authority to grant relief from such practice." One example of such a state/local agency is the Fairfax County Human Rights Commission in Fairfax, Virginia. Such agencies also exist in Washington, D.C. and Maryland. Some counties have local civil rights agencies and some do not, so an individual cannot assume that he or she can avail herself of the 300 day timeframe. An individual should be very careful to check on local filing deadlines and requirements.
Q: If a plaintiff believes he or she is the victim of discrimination, what burdens apply in litigation for a company to be able to defend itself?
A: In defense of a Title VII claim, the employer must show that there was no discriminatory intent, but rather there was a legitimate, nondiscriminatory reason for the adverse action at issue. If the company is able to articulate such a reason for the action at issue, the evidentiary burden shifts back to the employee to establish that the alleged justification by the employer is a mere pretext for discrimination.
Q: Are limitation periods/deadlines to file EEO complaints different for federal sector employees?
A: Yes. As a general matter, an entirely separate and distinct set of rules and regulations govern one's federal government employment relationship, and, once again, one must keep in mind that it is very important to consult an attorney regarding your rights and deadlines if you believe that your rights have been violated. As a general matter, an employee of a federal agency has forty-five days from the date of the alleged discriminatory conduct to file and pursue appropriate documentation to preserve one's right to contest the adverse action. A fuller explaination of federal employee rights appears in the section of this web page titled, "Government Employee Rights."
Q: What action does the federal sector employee generally take within this forty-five day period?
A: Within the deadline, the employee must initiate EEO counseling with the agency's equal employment opportunity counselor or counseling officer. That process ordinarily involves filing with the appropriate department an Initial Contact form. Shortly thereafter, an EEO Counselor meets with the employee and his or her representative and obtains background information regarding the alleged violation of civil rights. The Counselor will fill out an EEO Counseling Report and begin the informal complaint process. If the matter is not resolved therein to the employee's satisfaction, the individual then institutes a formal complaint process within the agency.
Q: Where are employment discrimination litigation cases ordinarily filed?
A: A typical "right-to-sue" letter from the EEOC generally leads plaintiffs to file their discrimination lawsuits against the employer in the United States District Court in the judicial district where the alleged discriminatory conduct took place. Some U.S. District Courts in the Washington, D.C. metropolitan area have a reputation for dismissing a substantial percentage of discrimination cases upon a dismissal motion by the employer. However, a particular case may present an opportunity for the complainant to file in a local state court that may afford less harsh treatment under a local discrimination ordinance. Any claimant should of course strongly consider consulting an attorney to assess what steps they should take to pursue a case under Title VII.
Q: What if my employer retaliates against me for pursuing any complaint or grievance regarding my civil rights?
A: It is perfectly natural for the employee to feel very nervous about complaining in any way to the employer about alleged discrimination or to file any grievance or discrimination charge, based upon a concern for retaliation. However, federal law provides an answer. It is a separate and distinct violation under Title VII for an employer to retaliate or seek reprisal against an employee because the employee exercised his or her civil rights. As a result, retaliation or reprisal in such circumstances is a violation of law and a separate basis for a complaint/EEOC charge.
Q: What other types of discrimination are unlawful and subject to the EEOC process?
A: In addition to the above, the employer cannot discriminate against an individual because of their age. Under the Age Discrimination in Employment Act, known as the "ADEA," it is prohibited for an employer to take an adverse action against an individual, or fail to promote them, or otherwise treat them improperly, because of their "advanced age." The general age cut-off for protection under the ADEA is forty (this is not a "typo"). As an additional matter, an employer cannot discriminate against an employee based upon their disability, pursuant to the Americans With Disabilities Act ("ADA"). Further, the employer, under the ADA, must provide "reasonable accommodations" for individuals having a qualified disability, who are able to perform the essential functions of their job. Critical filing deadlines for alleged violations of the ADEA and ADA also apply for alleged violations by the employer.
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Serving the Commonwealth of Virginia, the District of Columbia, and the State of Maryland
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