Source | Associated Press

SPRINGFIELD, Mass. (AP) - Three Springfield police captains have filed an age discrimination complaint, claiming they were bypassed for promotions in favor of younger officers.

Charles Arpin, Joseph Parylak and Peter Dillon claim they are the most qualified and experienced officers to fill three newly-created positions of acting deputy chief.

Arpin and Parylak are 62, Dillon is 60. They’re the three most senior captains in the Springfield police department.

Their attorney, Devin Moriarty, says his clients were bypassed in favor of the three youngest captains in the department: William Noonan, William Cochrane and Mark Anthony.

The complaint filed with the Massachusetts Commission Against Discrimination names the city, the police department, and Police Commissioner Edward Flynn.

City solicitor Ed Pikula said he had not yet reviewed the complaint in detail.

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

• A charge may be filed by mail or in person at the nearest EEOC office.
• 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 can be made.

• The complaining party’s name, address, and telephone number;
• The name, address, and telephone number of the respondent employer, employment 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).

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

• A charge must be filed with EEOC 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 also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit 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 EEOC 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 legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. EEOC refers to these agencies as “Fair Employment Practices Agencies (FEPAs).” Through the use of “work sharing agreements,” 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 also covered by federal law, the FEPA “dual files” the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.
• If a charge is filed with EEOC and also is covered by state or local law, EEOC “dual files” the charge with the state or local FEPA, but ordinarily retains the charge for handling.

U.S.-based companies that employ U.S. citizens outside the United States or its territories are covered under EEO laws, with certain exceptions. An individual alleging an EEO violation outside the U.S. should file a charge with the district office closest to his or her employer’s headquarters. However, if you are unsure where to file, you may file a charge with any EEOC office.

Source | The U.S. Equal Employment Opportunity Commission

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Source | The U.S. Equal Employment Opportunity Commission

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of sex as well as race, color, national origin, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals on the basis of sex and that are not job related.

Source | U.S. Department of Justice

Following is the current text of the Americans with Disabilities Act of 1990 [“ADA”], as amended. It was originally enacted in public law format and later rearranged and published by subject matter in the United States Code. The United States Code is divided into “titles” numbered 1 through 50. Titles I, II, III and V of the ADA have been codified in Title 42 of the United States Code, beginning at section 12101. Title IV of the original public law format has been codified in Title 47 – Telegraphs, Telephones, and Radiotelegraphs of the United States Code. This codification has resulted in the section numbers being changed. Therefore, the section numbers of the ADA as originally enacted appear in brackets after the codified section number and heading in the Table of Contents.

(The text links below will take you to the official DOJ ADA website) 

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

Sec. 12101. Findings and purpose. [Section 2]

(a) Findings.

(b) Purpose.

Sec. 12102. Definitions. [Section 3]

SUBCHAPTER I - EMPLOYMENT [Title I]

Sec. 12111. Definitions. [Section 101]

Sec. 12112. Discrimination. [Section 102]

(a) General rule.

(b) Construction.

(c) Covered entities in foreign countries.

(d) Medical examinations and inquiries.

Sec. 12113. Defenses. [Section 103]

(a) In general.

(b) Qualification standards.

(c) Religious entities.

(d) List of infectious and communicable diseases.

Sec. 12114. Illegal use of drugs and alcohol. [Section 104]

(a) Qualified individual with a disability.

(b) Rules of construction.

(c) Authority of covered entity.

(d) Drug testing.

(e) Transportation employees.

Sec. 12115. Posting notices. [Section 105]

Sec. 12116. Regulations. [Section 106]

Sec. 12117. Enforcement. [Section 107]

(a) Powers, remedies, and procedures.

(b) Coordination.

SUBCHAPTER II - PUBLIC SERVICES [Title II]

PART A - Prohibition Against Discrimination and Other Generally Applicable Provisions [Subtitle A]

Sec. 12131. Definitions. [Section 201]

Sec. 12132. Discrimination. [Section 202]

Sec. 12133. Enforcement. [Section 203]

Sec. 12134. Regulations. [Section 204]

(a) In general.

(b) Relationship to other regulations.

(c) Standards.

PART B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory [Subtitle B]

SUBPART I - Public Transportation Other Than by Aircraft or Certain Rail Operations [Part I]

Sec. 12141. Definitions. [Section 221]

Sec. 12142. Public entities operating fixed route systems. [Section 222]

(a) Purchase and lease of new vehicles.

(b) Purchase and lease of used vehicles.

(c) Remanufactured vehicles.

Sec. 12143. Paratransit as a complement to fixed route service. [Section 223]

(a) General rule.

(b) Issuance of regulations.

(c) Required contents of regulations.

(d) Review of plan.

(e) “Discrimination” defined.

(f) Statutory construction.

Sec. 12144. Public entity operating a demand responsive system. [Section 224]

Sec. 12145. Temporary relief where lifts are unavailable. [Section 225]

(a) Granting.

(b) Duration and notice to Congress.

(c) Fraudulent application.

Sec. 12146. New facilities. [Section 226]

Sec. 12147. Alterations of existing facilities. [Section 227]

(a) General rule.

(b) Special rule for stations.

Sec. 12148. Public transportation programs and activities in existing facilities and one car per train rule. [Section 228]

(a) Public transportation programs and activities in existing facilities.

(b) One car per train rule.

Sec. 12149. Regulations. [Section 229]

(a) In general.

(b) Standards.

Sec. 12150. Interim accessibility requirements. [Section 230]

SUBPART II - Public Transportation by Intercity and Commuter Rail [Part II]

Sec. 12161. Definitions. [Section 241]

Sec. 12162. Intercity and commuter rail actions considered discriminatory. [Section 242]

(a) Intercity rail transportation.

(b) Commuter rail transportation.

(c) Used rail cars.

(d) Remanufactured rail cars.

(e) Stations.

Sec. 12163. Conformance of accessibility standards. [Section 243]

Sec. 12164. Regulations. [Section 244]

Sec. 12165. Interim accessibility requirements. [Section 245]

(a) Stations.

(b) Rail passenger cars.

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES [Title III]

Sec. 12181. Definitions. [Section 301]

Sec. 12182. Prohibition of discrimination by public accommodations. [Section 302]

(a) General rule.

(b) Construction.

Sec. 12183. New construction and alterations in public accommodations and commercial facilities. [Section 302]

(a) Application of term.

(b) Elevator.

Sec. 12184. Prohibition of discrimination in specified public transportation services provided by private entities. [Section 303]

(a) General rule.

(b) Construction.

(c) Historical or antiquated cars.

Sec. 12185. Study. [Section 304]

(a) Purposes.

(b) Contents.

(c) Advisory committee.

(d) Deadline.

(e) Review.

Sec. 12186. Regulations. [Section 305]

(a) Transportation provisions.

(b) Other provisions.

(c) Consistency with ATBCB guidelines.

(d) Interim accessibility standards.

Sec. 12187. Exemptions for private clubs and religious organizations. [Section 306]

Sec. 12188. Enforcement. [Section 307]

(a) In general.

(b) Enforcement by Attorney General.

Sec. 12189. Examinations and courses. [Section 308]

SUBCHAPTER IV MISCELLANEOUS PROVISIONS [Title V]

Sec. 12201. Construction. [Section 501]

(a) In general.

(b) Relationship to other laws.

(c) Insurance.

(d) Accommodations and services.

Sec. 12202. State immunity. [Section 502]

Sec. 12203. Prohibition against retaliation and coercion. [Section 503]

(a) Retaliation.

(b) Interference, coercion, or intimidation.

(c) Remedies and procedures.

Sec. 12204. Regulations by the Architectural and Transportation Barriers Compliance Board. [Section 504]

(a) Issuance of guidelines.

(b) Contents of guidelines.

(c) Qualified historic properties.

Sec. 12205. Attorney’s fees. [Section 505]

Sec. 12206. Technical assistance. [Section 506]

(a) Plan for assistance.

(b) Agency and public assistance.

(c) Implementation.

(d) Grants and contracts.

(e) Failure to receive assistance.

Sec. 12207. Federal wilderness areas. [Section 507]

(a) Study.

(b) Submission of report.

(c) Specific wilderness access.

Sec. 12208. Transvestites. [Section 508]

Sec. 12209. Instrumentalities of Congress. [Section 509]

Sec. 12210. Illegal use of drugs. [Section 510]

(a) In general.

(b) Rules of construction.

(c) Health and other services.

(d) “Illegal use of drugs” defined.

Sec. 12211. Definitions. [Section 511]

(a) Homosexuality and bisexuality.

(b) Certain conditions.

Sec. 12212. Alternative means of dispute resolution. [Section 513]

Sec. 12213. Severability. [Section 514]

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part I - Common Carrier Regulation

Sec. 225. Telecommunications services for hearing-impaired and speech-impaired individuals [Section 401]

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

Sec. 611. Closed-captioning of public service announcements [Section 402]