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Legal Process Essay

1055 words - 4 pages

Organizations are faced with many ethical and legal issues when dealing with the diverse work force such as the potential of discrimination when conducting day-to-day activities. The issues of diversity and discrimination affect many organizations behavior when considering how to properly treat the employees without making decisions based on based on race, nationality, creed, color, age, sex or sexual orientation. The influence of laws on decision-making has a direct impact on the livelihood of an organization. Understanding laws about discrimination is important if one wishes to be sure he or she is being treated fairly. This paper will discuss the legal process one would pursue whom was discriminated against by a private sector organization and wishes to file a complaint. The factious employee’s name is John and he wants to file a complaint against his employer for discrimination. This paper will describe discrimination laws and show how a 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.There are many types of discrimination and Congress has passed several different Acts that are in place that give us rights to help protect us from being discriminated against. The Equal pay Act was passed in 1963 to prohibit discrimination because of one’s sex in the payment of wages by employers. In 1964, Congress passed the Civil Rights Act, which prohibits individuals from discrimination in employment based on race, sex, color, national origin, or religion. Then the Age Discrimination in Employment Act (ADEA) which prohibits people over the age of 40 from being discriminated against was passed in 1967 and amendments were made in 1978 and 1986. Finally, the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 were passed and these Acts prohibit discrimination against any persons with physical and mental disabilities. The Acts that Congress has passed into law are the foundation of our rights against being discriminated and are then interpreted at local, state and federal levels to protect us.Discrimination can simply be described as unequal treatment of any person, for reasons that has nothing to do with one’s ability. State and federal laws prohibit discrimination in employment, which include things such as one’s rates of pay, right to promotion or opportunity, and civil rights, based on race, nationality, creed, color, age, sex or sexual orientation. As an employee, John has the right to protest being discriminated against or may insist on his rights to equal treatment. These laws also allow John to pursue his employer in a private lawsuit that includes the right to sue for damages.In John’s situation, he believes that his employment rights have been violated so he would start by filing a charge of discrimination with an EEOC office, against his employer, either in person or by...

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