Human Relations

Municiple Building Augusta
Human Relations

Frequently Asked Questions

Q. What Are the Federal Laws Prohibiting Job Discrimination?

Title VII of the Civil rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
The Age Discrimination in Employment of 1967 (ADEA), which protects individuals who are 40 years of age or older; and
Title I of the Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.

This office has a work share agreement with the Equal Employment Opportunity Commission (EEOC) to enforce all of these laws, as well as provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Q: What Discriminatory Practices Do These Laws Prohibit?

Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:

Hiring and firing;

Compensation, assignment, or classification of employees;

Transfer, promotion, layoff, or recall;

Job advertisements;

Recruitment;

Testing;

Use of company facilities;

Training and apprenticeship programs;

Fringe benefits;

Pay, retirement plans, and disability leave; or

Other terms and conditions of employment.

Discriminatory practices under these laws also on the basis of race, color, religion, sex, national origin, disability, or age;

retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;

employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and

denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Employers are required to post notices to all employees advising them of their rights under the laws of EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

Q: What Other Practices are Discriminatory Under These Laws?

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discrimination against individuals because of their race, color, national origin, religion, or sex.

National Origin Discrimination

It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting the business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

Religious Accommodation

An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.

Sex Discrimination

Title VII’s broad prohibitions against sex discrimination specifically cover:

Sexual Harassment

This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age and disability.)

Pregnancy Based Discrimination

Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the US Department of Labor. For information on the FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, US Department of Labor. The Wage and Hour Division is listed in most telephone directories under US Government, Department of Labor.

Age Discrimination in Employment Act (ADEA)

The ADEA’s broad ban against age discrimination also specifically prohibits:

Statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);

Discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and

Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Equal Pay Act (EPA)

The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.

Note that: Employers may not reduce wages of either sex to equalize pay between men and women.

A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex.

A violation may also occur where a labor union causes the employer to violate the law.

Title I of the Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:

Individual with a Disability

An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.

Qualified Individual with a Disability

A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, an d other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

Reasonable Accommodation

Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

Undue Hardship

An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer’s business. Undue hardship means an action that required significant difficulty or expense when considered in relation to factors such as a business’ size, financial resources, and the nature and structure of its operation.

Prohibited Inquiries and Examinations

Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

Drug and Alcohol Use

The ADA does not protect employees and applicants currently engaging in the illegal use of drugs, when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA’s restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

Q: Which Employers and Other Entities Are Covered by These Laws?

Title VII and the ADA cover all private employers, state and local governments, and educational institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.

The EPA covers all employees who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act.

Title VII, the ADA, and the EPA also cover the federal government. In addition, the federal government is covered by Section 501 of the Rehabilitation Act of 1973, as amended, which incorporates the requirements of the ADA. However, different procedures are used in processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred.

THE EEOC'S CHARGE PROCESSING PROCEDURES

Q: Who Can File a Charge of Discrimination?

Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the EEOC.

In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

Q: How Is a Charge of Discrimination Filed?

A charge may be filed by coming into the Augusta-Richmond County Human Relations office, located at 360 Bay Street, Augusta, Georgia, between the hours of 10:00am and 3:00pm, or by calling the office at (706) 821-2506. Individuals outside the Central Savannah River Area (CSRA) may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.

Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements could be made.

Q: What Information Must Be Provided to File a Charge?

The complaining party's name, address, and telephone number;
The name, address, and telephone number of the employer (Respondent), employer agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated; and
The date(s) of the alleged violation(s).

Q: What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with the Augusta-Richmond County Human Relations Commission before a private lawsuit may be filed in court. Charges must be filed within strict time limits:

A charge must be filed with the Augusta-Richmond County Human Relations Commission within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

This 180-day filing deadline is extended to 300 days if the charge is covered by a state of local anti-discrimination law. For ADEA charges, only state laws extend the filing date to 300 days.

These time limits do not apply to claims under the Equal Pay Act, because under that Act, persons do not have to first file a charge with this agency in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.

To protect your legal rights, it is always best to contact this agency promptly when discrimination is suspected.

Q: What Agency Handles a Charge That Is Also Covered by State or Local Law?

Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. The EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)". Through the use of "work sharing agreements," the EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law.

If a charge is filed with a FEPA and is covered by federal, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.

Q: What Happens After a Jurisdictional Charge is Filed with The Human Relations Commission?

The employer is notified that the charge has been filed. From this point, there are a number of ways a charge may be handled:

A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred.

This agency can seek to settle a charger at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues. In investigating a charge, this agency may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, this agency will discuss the evidence with the charging party or employer, as appropriate.

Q: How Does the Augusta-Richmond Human Relations Commission Resolve Discrimination Charges?

If the evidence obtained in an investigation does not establish that there is reason to believe that discrimination has occurred, this will be explained to the charging party. A required notice is then issued, submitting the file for closure to the district office of EEOC and the district office issuing the charging party a letter of right-to-sue which gives the charging 90 days in which to file a lawsuit on his or her own behalf in federal court.

If the evidence establishes that there is reason to believe that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. The Augusta-Richmond County Human Relations Commission will attempt conciliation with the employer to develop a remedy for the discrimination. If the Commission cannot conciliate, then the case is forwarded to the district office of EEOC, and a letter of right-to-sue will be issued.

If the case is successfully conciliated neither EEOC nor the charging party may go to court unless the conciliation or settlement agreement is not honored.

Q: When Can an Individual File an Employment Discrimination Lawsuit in Court?

A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with the Augusta-Richmond County Human Relations Commission, but not later than 90 days after the Human Relations Commission gives notice that it has completed action on the charge.

Under the EPA, a lawsuit must be filed within two (2) years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage.

Q: What Remedies Are Available When Discrimination Is Found?

The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

Back pay;

Hiring;

Promotion;

Reinstatement;

Front pay;

Reasonable accommodation; or

Other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination.

Remedies also may include payment of:

Attorneys' fees;

Expert witness fees; and

Court costs.

Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against state or local governments.

In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation.

An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.