Everyone loves a good day off, but when you're forced to
take a day, week, or month off and may not get paid for your forced
"vacation," work may seem more appealing than taking a
hit to your pocket book. Unfortunately, for thousands of government
workers, going to work is not an option; and their absence will be
felt by private employees, especially by those who may be harassed,
discriminated, or underpaid.
During the government shutdown, the EEOC and the Department of
Labor will only perform a limited number of
"nonessential" tasks. Of its 2,164 EEOC employees, only
107 (a mere 5%) will work through the furlough period. According to
the agency's contingency government shutdown plan, the EEOC
will continue to accept and process claims of discrimination, with
a minimal staff stamping the dates on charges that are mailed in.
The charges will not, however, be investigated until funding is
restored. As such, the time limits for employees to file a charge
of discrimination against their private employer may not be
extended due to the shutdown. The EEOC will also continue to
litigate lawsuits where a continuance has not been granted and seek
injunctive relief in a limited number of circumstances. The agency
will not, however, answer or respond to questions or correspondence
from the public, investigate charges of discrimination, litigate
cases in federal court if an extension has been granted, conduct
mediation, participate in outreach programs, process FOIA requests,
or update its website. According to its contingency plan,
"only activities involving the safety of human life or the
protection of property will continue."
Only 18%, or 2,954 of the 16,304 workers employed by the
Department of Labor will work during the shutdown. In the Wage and
Hour Division, only 6 of the 1,829 employees will continue working.
According to the DOL's contingency plan, the Wage and Hour
Division will keep enough staff on board to "conduct an
immediate investigation of any incidents involving serious injury
or death of a minor while employed or any transportation accident
or any housing violation involving serious injury or death of a
farm worker." All other operations, including investigations
concerning worker misclassifications, are suspended.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.