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To achieve our goal of keeping you informed, this blog is Part A of Part XIX and an update of our series on federal laws that apply to the issues of workplace harassment, discrimination, & retaliation in New York. In Part XVIII, we provided you with an overview of “Religion-Related Protections” provided under applicable federal laws. Accordingly, we now move the discussion forward with an overview of “Enforcement Mechanism for Discrimination, Harassment, and/or Retaliation Violations” under applicable federal laws in this blog and Part A of Part XIX of the series.

Enforcement Mechanism for Discrimination, Harassment, and/or Retaliation Violations under Federal Laws Applicable to Workplace Harassment, Discrimination, & Retaliation in New York.

NOTE: The information regarding the enforcement mechanism for discrimination, harassment, and/or retaliation violations under federal laws applicable to workplace harassment, discrimination, & retaliation in New York discussed in this blog was current as of March 26, 2021.

Provision of Enforcement Mechanism in New York

For starters, New York provides an enforcement mechanism for discrimination, harassment, and/or retaliation violations under specific sections & statutes of federals applicable to discrimination, harassment, and/or retaliation as follows:

  1. Section 42 U.S.C. § 2000e et seq. of Title VII of the Civil Rights Act of 1964 (Title VII).
  2. Section 42 U.S.C. § 2000e(k) of the Pregnancy Discrimination Act (PDA).
  3. Section 42 U.S.C. § 12101 et seq. of the Americans with Disabilities Act (ADA).
  4. Section 29 U.S.C. § 201 et seq. of the Fair Labor Standards Act (FLSA).
  5. Section 29 U.S.C. § 206(d) of the Equal Pay Act(EPA).
  6. Section 29 U.S.C. § 621 et seq. of the Age Discrimination in Employment Act(ADEA).
  7. Section 42 U.S.C. § 1981 of Section 1981.
  8. Section 42 U.S.C. § 18116 of the Patient Protection and Affordable Care Act(ACA).
  9. Section 29 U.S.C. §§ 2601–2654 of the Family and Medical Leave Act (FMLA).
  10. Section 8 U.S.C. § 1324b(a)(1)(B), (a)(3) of the Immigration Reform and Control Act (IRCA).
  11. Section 38 U.S.C. §§ 4301–4335 of the Uniformed Services Employment and Reemployment Rights Act (USERRA).
  12. Section 29 U.S.C. § 1140 of the Employee Retirement Income Security Act (ERISA).
  13. Section 42 U.S.C. § 2000ff(4)(A), (B) of the Genetic Information Nondiscrimination Act of 2008 (GINA).

Enforcement Agencies Tasked with Enforcing Applicable Federal Laws

In Part A of Part XIX of this series, we will hammer on enforcement under three of these major laws, including Title VII of the Civil Rights Act of 1964 (Title VII), the Pregnancy Discrimination Act (PDA), and the Americans with Disabilities Act (ADA)

Title VII of the Civil Rights Act of 1964

The responsibility of enforcing Title VII is assigned to the Equal Employment Opportunity Commission (EEOC). As an extension of these responsibilities, the EEOC also collects data concerning employers’ workforce gender, ethnicity, and race composition from most private employers. Further, the EEOC is also involved in investigating, mediating, and/or receiving discrimination complaints against covered employers. Usually, a person is required to first file a discrimination charge with the EEOC before filing a lawsuit in a state or federal court alleging discrimination in violation of Title VII. Moreover, such a charge must be filed with the EEOC within 180 calendar days from the day of the occurrence of the discrimination. However, if a law that prohibits discrimination on the same basis is enforced by a local or state agency, this deadline would be extended to 300 days by the EEOC. Accordingly, the EEOC can allow a person to proceed in a federal or state court or litigate the case itself if it finds evidence of discrimination. On the contrary, a person may proceed in a federal or state court where the EEOC finds no such evidence and, consequently, closes its investigation.

Pregnancy Discrimination Act

The responsibility of enforcing the PDA is borne by the EEOC. Any person is required to first file a discrimination charge with the EEOC before filing a lawsuit in a state or federal court alleging discrimination in violation of any laws enforced by the EEOC. However, such a charge must be filed with the EEOC within 180 calendar days from the day of the occurrence of the discrimination. However, if a law that prohibits discrimination on the same basis is enforced by a local or state agency, this deadline would be extended to 300 days by the EEOC. Pursuant to section 42 U.S.C. § 2000e-5(b), the EEOC can either allow a person to proceed in a federal or state court or litigate the case itself if it cannot resolve the matter through reconciliation. However, it always attempts to resolve such disputes through reconciliation after finding evidence of pregnancy discrimination. Nonetheless, pursuant to section 42 U.S.C. § 2000e- 5(f), a person may proceed in a federal or state court where the EEOC finds no such evidence and, consequently, closes its investigation.

Americans with Disabilities Act

Again, the EEOC has been assigned the duty of enforcing the ADA. Pursuant to section 42 U.S.C. § 2000e-5(b), complaints of ADA violations are investigated and received by the EEOC. Further, pursuant to section 42 U.S.C. § 2000e-5(f), before a person can file a complaint alleging an ADA violation in a federal or state court, such a person must first file a discrimination charge with the EEOC as a way of exhausting administrative remedies. Such a charge must be filed with the EEOC within 180 calendar days from the day of the occurrence of the discrimination. However, if state law prohibits discrimination on a similar basis or such a law is enforced by a local or state agency, this deadline would be extended to 300 days by the EEOC. Pursuant to section 42 U.S.C. § 2000e-5(b), the EEOC can either allow a person to proceed in a federal or state court or litigate the case itself if it cannot resolve the matter through reconciliation. However, it always attempts to resolve such disputes through reconciliation after finding evidence of a violation of the ADA. Nonetheless, pursuant to section 42 U.S.C. § 2000e-5(f), a person can still proceed in a federal or state court even if no evidence of discrimination is found by the EEOC.

In Part B of Part XIX, we will continue hammering on “Enforcement Mechanisms for Discrimination, Harassment, and/or Retaliation Violations,” under additional federal laws applicable to workplace harassment, discrimination, & retaliation in New York, including the Fair Labor Standards Act (FLSA), the Equal Pay Act (EPA), the Age Discrimination in Employment Act(ADEA), Section 1981, and the Immigration Reform and Control Act(IRCA).

Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.