Legal Process Essay

819 words - 3 pages

This paper will explore the options John, an employee in the private sector, has in filing discrimination compliant against his employer. John was faced with racial discrimination by a coworker within his workplace. This paper will help the reader understand more of the litigation process and every step needed to follow through with this process. The paper will discuss in detail the complaint and the actions taking to rectify the situation. This paper will explain what racial discrimination is and how one can determine if they face racial discrimination within his or her workplace. After reading this paper the reader will have a better understanding of what discrimination within the workplace is and the proper steps to take to handle discrimination if it occurs.John has been called a racial slur, overheard racial jokes, and was subjected to derogatory comments by co-works on numerous occasions. These statements classify as racial discrimination. In 1964 the Title VII of the Civil Rights Act was passed to protect individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion (2008). Employers with 15 or more employees is what Title VII applies to, including state and local governments (2008). Another appilcation of the Title is to employment agencies and to labor organizations, as well as to the federal government. According to Title VII it prohibits offensive conduct, such as racial or ethnic slurs, racial "jokes," derogatory comments, or other verbal or physical conduct based on an individual's race/color (2008). In order for the Title to be inforced the conduct has to be unwelcome and offensive, and has to be severe or pervasive (2008). In the case of racial discrimination the employers has the responsibity to take the appropriate steps to prevent and correct unlawful harassment. Employeers are required to take the proper steps when the first signs of racial discrimnation occur.The first step John would have to take is to file a chage with the Employment Opportunity Commission (EEOC). When John files a charge with EEOC he will be asked to fill out an intake questionnaire that is avaiable on the EECO website. This questionaire can be mailed in or turned in at the EEOC office nearest to him once it has been completed (N.A., 2008). The intake questionnaire is the beginning of constituting a charge under the statutes and the EECO enforces the claim. In the questionaire it contains all the...

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