RSS
Home
The EEOC's role in protecting the rights of law enforcement
Print
Email
RSS
Subscribe
Happy Veteran's Day
Employment discrimination can be found in numerous situations, including the law enforcement community. For instance, in October 2008 the Equal Employment Opportunity Commission (EEOC) resolved an age discrimination case on behalf of officers employed by the Nassau County Marine Bureau. The process began administratively; however, the county refused to settle the matter, which prompted the EEOC to file suit in September 2007. Fast forward a year later and the settlement price tag was $450,000 and certain other relief.
When the case was finally resolved, one of the officers, Arthur D'Allesandro, said “[t]his experience has been disheartening and embarrassing to our reputations. We all dedicated our lives to this profession and we deserve to be treated with dignity instead of being humiliated in this way. We appreciate the efforts of the EEOC staff that spent many hours resolving our case. It is good to know that because of the efforts of this agency, others in our position will not be treated this way.”
There are a variety of laws at the federal and state level that address employment discrimination, but it is important to understand that such cases will almost always begin with an administrative complaint being filed with the EEOC or the appropriate state agency. The statutes of limitation attached to these claims are normally short; therefore, act quickly if you believe that your employment rights have been violated.
Do you need a lawyer if the EEOC or state agency will investigate the matter for you? The answer is probably yes, but you don't want to pay for one. Most employment law attorneys who represent plaintiffs will agree to representation under a contingent fee agreement. This means that the attorney will receive a percentage of the amount awarded, if any. Costs are a different matter, which include such things as long distance, facsimile, record fees, and a variety of other charges that you may ultimately be responsible to pay regardless of the outcome.
A lawyer will do several things. First, he or she will be able to tell you if you have a potentially viable claim. It is always better to have this advice before you file the administrative charge and fire the shot across the bow of your employer. Second, the attorney can keep an eye on the quick trigger deadlines. Finally, an attorney can help structure your case in such a way to maximize the evidence in your favor and contest the evidence provided by your employer.
Why do you need a lawyer if the EEOC or applicable state agency will represent you? You don't, however, you will be well into the game before that decision is made. The government will process your complaint as a neutral finder of fact before it takes up your cause. Naturally, the EEOC could find no discrimination and issue what is known as a "right to sue" letter. This is your ticket to court and the EEOC's formal good-bye to you and your claim. Additionally, the EEOC may find your claim to be valid and act as a mediator, but there is never any guarantee that its lawyers will represent you in court if your employer refuses to play ball. The Nassau case above was the right case at the right time for the EEOC's case load.
We will take a closer look at specific forms of employment discrimination in the weeks to come. Until then, thank you all for working to make our communities safer. For officers who wore the uniform of our country before the badge, an additional Veteran's Day thank you for your service.
Eric Sloan's articles involve legal topics applicable to law enforcement officers; however, such articles do not establish an attorney-client relationship between the author and the reader and should not be construed as legal advice. Do you have questions or article ideas? Add Eric as a Facebook friend by clicking here and let him know.
Related Articles:
Add a Comment
