>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.

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