Legal Process

Legal Process

John, employee in private sector, elected to file a discrimination complaint against his employer. This essay shall explain how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court.

EEOC Proceedings

Pursuant to EEOC website, "Equal Employment Charge Processing Procedures" (2003), Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, training, promotion, discipline, or other workplace decisions based on an employee or applicant's race, color, gender, national origin, or religion. Included in the prohibitions are discrimination in pay, terms and conditions of employment, training, layoffs, and benefits. John's complaint falls within the Title VII. When John filed his claim, he is a claimant or a charging party. Employers should be aware that it costs an employee only time and energy to go to the nearest EEOC office and file a claim. By law, the EEOC must handle every claim it receives. EEOC serves notice of the charge to the employer, called respondent or responding party, within 10 days of the employee filing a claim. EEOC also includes, pursuant to Title VII, an antiretaliation provisions to the respondent. Title VII informs the respondent how illegal it is to treat an employee adversely when the employee pursued his or her rights under Title VII. It is a separate offense for an employer to retaliate against an employee for pursuing rights under Title VII.

Mediation

For the next step, EEOC considers mediation. EEOC believes mediation is an effective step to clear a tremendous backlog of complaint cases and claims that went on for years. Mediation objective is streamlining its case handling process and to make it more efficient, effective, and less time-consuming for employees filing claims. Additionally, mediation is an alternative to a full-blown EEOC investigation. EEOC screens the charge to determine if it warrants mediation. If it is appropriate for mediation, EEOC will offer that option to the parties. EEOC will not refer complex and weak cases at mediation level. EEOC sends letters to both parties offering mediation, and the decision to participate is voluntary for both parties. Each side has 10 days to respond to the offer to mediate. If both parties elect mediation, EEOC must mediate the charge within 60 days for in-house mediation or 45 days for external mediation. If the parties choose to mediate, then during mediation they will have the opportunity to present their positions, express their opinions, provide information, and express their request for relief. EEOC will not reveal any disclosed information during the process. EEOC will not reveal disclosed information to EEOC employees. If the parties reach agreement, that agreement is as binding as any other settlement agreement (EEOC, 2006).

EEOC's investigation, determination, and cause findings

EEOC retrieves the charge for handling, if the claimant and respondent choose not to mediate the charge or if the mediation is not successful. The EEOC investigates the complaint by talking with the respondent and claimant and any other necessary witnesses as well as viewing any documents or even visiting the workplace. After appropriate investigation, the EEOC makes a determination whether there is reasonable cause or no reasonable cause for the employee to charge the employer with violating Title VII. Once there has been an investigation and a cause or no-cause finding, either party can ask for reconsideration of the EEOC's decision. After investigation, if the EEOC finds there is no reasonable cause for the claimant's discrimination complaint, EEOC notifies the claimant with an EEOC right-to-sue letter. If the claimant wants to further pursue the matter, despite EEOC's conclusion that the respondent has not violated claimant's Title VII rights, the claimant is now free to do so, having exhausted the administrative remedies. The claimant can sue the respondent in federal court within 90 days of receiving the right-to-sue letter ("EEOC Investigations," 2003). If the EEOC finds there is reasonable cause for the claimant to charge the respondent with discrimination, it will attempt to have the parties meet together and conciliate the matter. EEOC will bring the parties together in an informal setting with an EEO investigator. The EEO investigator sets forth what has found during the investigation and discusses with the parties the ways the matter can be resolved. Often the claimant is satisfied if the respondent simply agrees to provide a favorable letter of recommendation. The majority of claims filed with the EEOC are adequately