QUESTION
I have filed a complaint against an employer through the EEOC for discrimination based on my arrest record. Next steps and how to find a lawyer?
Asked on Jan 07th, 2014 on Discrimination - Wisconsin
More details to this question:
Three years ago, I was arrested for Battery (my sister and I had an altercation). The charges were dismissed. Present day, I applied to work at a school district as a substitute teacher. I received a letter from the SD stating that I was under consideration for employment contingent upon a criminal background check and receiving a license from the state of WI. We go through all the steps, I fill out my tax paperwork, go to substitute training, everything. I'm told that I would be assigned a school to shadow, do not hear back and call them. I was told that the reason I'm not eligible to be a sub is due to my criminal background check. I have filed a complaint with the EEOC. Now I'm waiting for the SD to make their move. My question is a multi-part question: 1) What sort of settlement could be reached? I am hesitant to request employment there because I feel that I could easily be terminated as a result of bringing the complaint against them. Not to mention, the way that they treated
1 ANSWER
In Wisconsin, the Fair Employment Act prohibits discrimination based on an arrest record. The Equal Rights Division for the Department of Workforce Development will investigate and enforce violations of the act. The EEOC may look at your claim as a possible race discrimination issue, but it is a federal agency and has no power to enforce the Wisconsin law. I recommend that you immediately contact the Equal Rights Division to ensure that the EEOC dual filed your complaint--meaning that it sent a copy of your complaint to the ERD for action. Also, ask the ERD to investigate your complaint for arrest record discrimination. Don't delay, as there are limits the ERD could impose on amending your complaint for this purpose. I have more information on our website, www.celcwi.com, about this claim that you may find informative. We do reguarly represent people in these claims throughout Wisconsin.
To look for attorneys that may represent you, you may want to visit www.nela.net. This is a national organization of employment attorneys that represent employees. There is a membership directory online to help you.
Gordon Leech
Answered on Jan 07th, 2014 at 5:26 PM