Legal Processes

Legal Processes

This paper will discuss the steps that are required when an employee feels thaty have been discriminated against. It will cover the process beginning with the Equal Employment Opportunity Commission (EEOC) continuing through the civil litigation process from the state level up to the United States Supreme Court.

John is an employee who has a discrimination complaint against his employer. Just as John is able file a discrimination complaint so is anyone else who feels they have been discriminated against. The complaint would be filed if they believe their rights had been violated. An organization or person is able to file an on behalf of another person to protect the identity of a person who feels he or she has been discriminated against.

The charges are able to filed in person or by mail. The EEOC will make arrangements if a person has special needs such as hearing or sight impairments.

The information needed in order to process a discrimination claim is first, the complainant's name, address, and a contact phone number. Second, the name, address, and phone number of the party or parties who the alleged complaint is being filed against. Third, a description of the alleged violation and why the complainants (see attached form)

There are limits to the time a person is able to file a claim. The claim needs to be filed within 180 days from the suspected violation. The 180 days filing period may be extended to 300 days if the suspected violation falls under local or state anti-discrimination laws. EEOC states, "These time limits do not apply to claims under the Equal Pay Act, because under the 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." (EEOC) It is always best to contact EEOC when a discrimination violation is assumed to ensure all legal rights are protected.

EEOC states, "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.

Ð'* If a charge is filed with a FEPA and is also covered by federal law, the FEPA "duel files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for the handling." (EEOC)

After the charges are been filed with the EEOC, it is prioritized based on the facts. If the facts are weak, the charge will be assigned for later review. The charge could be settled anytime during the investigation if either party chooses. Both parties must agree on the settlement.

The investigation will consist of written documentation, interviewing people, reviewing the location where the alleged incident happened. The gathered information will be reviewed with all parties involved.

Mediation is a possible solution that cuts the investigation time. If both parties choose mediation, the process begins. EEOC describes mediation as "a fair and efficient process to help you resolve your employment disputes and reach an agreement. A neutral mediator