Legal Process Essay

1469 words - 6 pages

Filing discrimination complaints by a claimant against a respondent is a time-consuming process requiring detailed documentation and involvement of specialized legal personnel. Claimants use of resources may include private lawyers, witnesses, documented proof, mediators such as the Equal Employment Opportunity Commission [EEOC] or state and local enforcement agencies (706 agencies), and at times, court systems requiring a judge and possibly a jury (Bennett-Alexander & Hartman, 2004). John Clarke will file a discrimination complaint against his employer involving several processes to pursue civil litigation, processes that could take several months or several years to reach a resolution or dismissal.While "The Civil Rights Act of 1964" was initially developed to resolve racial discrimination and goes beyond the workplace to "prohibit discrimination in housing, education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, or religion" (Chap 3, A Historic Rights Act, 2), the focus of John Clarke's complaint revolves around the processes involved in filing a discrimination complaint regarding a workplace situation. Bennett-Alexander and Hartman (2004) note several amendments over the past 40 years to the Title VII of the Civil Rights Act of 1964 that include "discrimination involving hiring, firing, training, promotion, discipline, or other workplace decisions on the basis of 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." (Chap 3, What Is Prohibited under Title VII, 1)Using the example from University of Phoenix Week One Self Assessment Review (2006), John Clarke became injured at work and filed a claim for workers compensation benefits. After his employer terminated him for filing the claim, John responded by filing a discrimination suit against his employer. To initiate the discrimination claim, John contacted the Equal Employment Opportunity Commission [EEOC] within the allotted 180 days of the termination. "The Equal Employment Opportunity Commission enforces the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act and the Americans with Disabilities Act" as documented by Milton Zall (2000) in his article "Small business and the EEOC."In this example, the state in which John is employed does not have a 706 agency (agency established to apply specific state laws and regulations regarding employment discrimination complaints); the EEOC became directly involved, sending a notice of the complaint to the respondent, Johns' employer, by the claimant, John Clarke. The EEOC found reasonable cause to initiate mediation between John and his employer, and assigned an EEO Investigator to pursue methods to resolve the discrimination suit. The EEO investigator found that while John did not have a...

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