What laws protect job applicants and employees with disabilities?

The Americans with Disabilities Act (“ADA”), the Civil Rights of People with Disabilities Act, and The Civil Rights Act of 1990 protect job applicants and employees with disabilities against discrimination. 

What are my rights as an applicant or employee with a disability?

• You have the right not to be discriminated against because of your disability, age, race, color, religion, sex, or national origin.
• You have the right to reasonable accommodations. A reasonable accommodation is any change to a job or work environment that helps you do that job. You might also need a reasonable accommodation to apply for a job. The accommodation must be related to your disability.
• You have the right to file a charge of discrimination.

What should I do if I believe I was discriminated against?

You can file a Charge of Discrimination with the Rhode Island Commission for Human Rights (RICHR) or the U.S. Equal Employment Opportunity Commission (EEOC). Many of the cases with RICHR are automatically filed with the EEOC. And many cases filed with the EEOC are automatically filed with RICHR.

How do I file a Charge of Discrimination with the RICHR?

• You can begin the process by calling RICHR at (401) 222-2661. An Information Officer will provide you with an Intake Questionnaire (IQ). You can also fill out the IQ online.
• You must file the IQ within one year (365 days) of the day the discrimination occurred.
• After you submit the IQ, the Information Officer may contact you for more information.
• If your charge is covered under federal law, RICHR will automatically file a copy with the EEOC.
• If your charge is accepted by RICHR, it will be assigned to an Investigator. An Investigator will gather facts, records, and testimony from all individuals involved.
• The employer will have an opportunity to respond to your claims of discrimination.
• RICHR may offer to mediate the case. This means a neutral person will try to help you and the employer reach an agreement. Mediation is voluntary. Both you and the employer have to agree to it.
• If the RICHR does not accept your charge, you will receive a “Right to Sue” letter from the RICHR. The letter means you may file a complaint of discrimination in state or federal court. You must do so within 90 days from the date of the letter.

How do I file a Charge of Discrimination with the EEOC?

You can file a Charge of Discrimination online, in-person or by mail.

• Online – You can submit an online inquiry through the EEOC’s Public Portal.
• In person – You can schedule an appointment through the Public Portal. You can find the office closest to you at https://www.eeoc.gov/field-office. A staff member will interview you. Based on the information you give them, they will prepare a charge.
• By mail – You can send the EEOC a letter. The letter should contain the following information:
  • Your name, address, email, and telephone number
  • The name, address, email, and telephone number of the employer, employment agency, or union you want to file your charge against
  • The number of employees employed there (if you know)
  • A short description of the actions you believe were discriminatory (for example, you were fired, demoted, or harassed)
  • When these actions took place
  • Why you believe you were discriminated against (for example, because of your disability)
  • Your signature

Be sure to know the deadlines for filing! If you miss a deadline, you may lose your right to file a charge. In general, you must file with the EEOC within 180 days. This deadline is extended to 300 days if the charge is also covered by state law. To protect your legal rights, contact the RICHR or EEOC as soon as you believe you are or have been discriminated against.

If you have questions about filing a complaint you can contact Disability Rights Rhode Island at info@drri.org or 401-831-3150.