Discrimination Dispute Litigation Process

Discrimination Dispute Litigation Process

MGT 434 - Employment Law

May 24, 2005

Discrimination Dispute Litigation Process

Title VII of the Civil Rights Act of 1964 was designed to protect the rights of employees against job discrimination. Since its inception the workplace has drastically changed, the Civil Rights Act applies to both federal (public) and private sector organizations. The act set a precedence that led to passages of additional amendments such as the Equal Opportunity Act of 1972, this act provided the support of law enforcement through the Equal Employment Opportunity Commission (EEOC). The EEOC is one of several federal agencies responsible for enforcing equal employment opportunity (EEO) laws Under title VII of the Civil Rights Act of 1964, EEOC investigates and may litigate, on its own behalf or on behalf of the charging party on charges of employment discrimination because of race, color, religion, sex, or national origin. When an employee of a private sector organization believes that they have been discriminated against, they can file a charge or claim with the EEOC. Private sector employee claims must be filed within 180 days of the event, after the complaint is filed with the EEOC, within 10 days the employer is served notice of the charge (Bennett-Alexander et al., 2004). The EEOC categorizes the charge and a decision is made between an investigation or mediation. The EEOC offers mediation as an alternative to the traditional investigative or litigation process (Mediation 2005). If the employer and employee fail to reach a resolution, the charge will be returned to EEOC's regular caseload (Mediation 2005). Mediation is a very efficient process that saves time and money. According to a study conducted by the EEOC, successful mediations avoid a time consuming investigation and achieve a prompt resolution of the charge. "In fiscal year 2003, the mediation program achieved a 69% settlement rate" (Mediation, 2005).

When the EEOC investigates a charge and finds no reasonable cause for the complaint, the employee receives the right-to- sue by the EEOC. At this point the complainant can escalate the issue by going to court and requesting a judicial review. "Upon going to court, the case is handled entirely new, as