Jun 24, 2009

When Should DC Terminated Teachers File An EEOC Complaint ?

Many of DC's terminated teachers have asked whether they should file a complaint with EEOC. I think that if you are uncertain, you definitely should consult with an EEOC office near to you. Discrimination is defined broadly and also includes retaliation. If you believe that you have been the victim of retaliation , then certainly you should file with EEOC. Keep in mind that there are timelines that must be be followed. I have posted EEOC's guidelines for complaints as well as their toll free telephone number @ 1-800-669-4000.

The U.S. Equal Employment Opportunity Commission (EEOC) Headquarters and Washington Field Office (WFO) moved in November 2008 to 131 M Street, NE., Fourth Floor, Suite 4NWO2F, Washington, DC 20507-0100

The Wash. Field Office is responsible for processing charges of discrimination against private, state and local government employers in the District of Columbia and Northern Virginia, and for administering hearings regarding complaints against federal government employers in these geographic areas. Additional information about the WFO, including contact info, hours of operation and directions, can be found at

If you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of your race, color, sex, religion, national origin, age, or disability, or believe that you have been discriminated against because of opposing a prohibited practice or participating in an equal employment opportunity matter, you may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).

Charges may be filed in person, by mail or by telephone by contacting the nearest EEOC office. To avoid delay, call or write before hand if you need special assistance, such as an interpreter, to file a charge.

There are strict time frames in which charges of employment discrimination must be filed. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, adhere to the following guidelines when filing a charge.

Title VII of the Civil Rights Act (Title VII) charges must be filed with EEOC within 180 days of the alleged discriminatory act. However, in states or localities where there is an anti=discrimination law and an agency authorized to grant or seek relief, a charge must be presented to that state or local agency. Furthermore, in such jurisdictions, you may file charges with EEOC within 300 days of the discriminatory act, or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier. It is best to contact EEOC promptly when discrimination is suspected. When charges or complaints are filed beyond these time frames, you may not be able to obtain any remedy.

Americans with Disabilities Act (ADA) - The time requirements for filing a charge are the same as those for Title VII charges. (within 180 days)

Age Discrimination in Employment Act (ADEA) - The time requirements for filing a charge are the same as those for Title VII and the ADA. (within 180 days)

Equal Pay Act (EPA) - Individuals are not required to file an EPA charge with EEOC before filing a private lawsuit. However, charges may be filed with EEOC and some cases of wage discrimination also may be violations of Title VII. If an EPA charge is filed with EEOC, the procedure for filing is the same as for charges brought under Title VII. However, the time limits for filing in court are different under the EPA, thus, it is advisable to file a charge as soon as you become aware the EPA may have been violated.

Posted by The Washington Teacher


Anonymous said...

Great information. I plan to send this to the teachers I know. Thanks.

Anonymous said...

Thanks for posting this information on your blog, Candi! I left the information because I know former Central Office people, principals and assistant principals and custodians along with other support staff who have filed with the EEOC. At this point there are rumored to be over 800 suits. If everyone in DCPS could go under a class action for each of their affected classifications, Fenty would have no alternative other than to remove his little firing machine and send her packing. Let's face it: the city is not going to be able to afford everyone she has wronged once people wise up. This is the BEST NEWS I've heard in a long time. You keep doing what you do, Candi, because someone has to bring it to these people. The fact of the matter is, if teachers were arbitrarily and capriciously terminated, then they have a case because policies and procedures must be adhered to, even if the mayor and his henchwoman don't believe it to be true. Affected people: look at the DC Municipal Code, go to OEA, flood the Inspector General's office with letters. Sooner or later, they will get sick of these hateful attacks coming from a person who doesn't know anything to do other than terminate people from their jobs.