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Legal Process Essay

889 words - 4 pages

John is an employee in a private sector organization who wants to file a discrimination complaint against his employer. This paper will analyze the legal process and explain the discrimination complaint and civil litigation processes as it would relate to John and his employer. The paper will begin by explaining how the complaint will begin with the U.S Equal Employment Opportunity Commission and proceeds through the civil litigation process from the state level up to the Supreme Court.Equal Employment Opportunity Commission (EEOC)The Equal Employment Opportunity Commission was developed to help employees whose rights have been violated by their employer. EEOC prohibits employment discrimination which falls into place with Title VII of the Civil Rights Act of 1964. This law prohibits discrimination based on age, race, gender, national origin, sex, disability, religion, or pregnancy (Regmi, Naidoo & Regmi, 2009).(EEOC Process)Employment disputes may commonly occur in the business world. A strategy with the EEOC was implemented to make sure every case deserves the necessary attention. Although John would like justice to be served, because of so many employment disputes, Congress requires all employment disputes to be first filed with the EEOC. An employee is required to file a discrimination charge with the EEOC within 180 days from the date of the alleged violation. Two methods are available to file a charge with the EEOC. The charge may be filed by mail or in person (U.S Equal Employment Opportunity Commission, 2009).John will have to provide information about the incident and specific details including the exact date that the incident took place. After the charge has been filed, the employer will be notified within 10 days by the EEOC office regarding the charges. The EEOC may seek to settle and encourage the employer to mediate the dispute. If the employer declines the mediation, the investigation will continue. All investigation methods will be documented and recorded (U.S Equal Employment Opportunity Commission, 2009).Once all evidence has been collected, the EEOC will determine a decision, based on the evidence obtained. If the ruling shows the employer violated the law. John and the employer will be notified by a letter stating the findings and how to proceed. A neutral mediator can become involved to help John and his employer reach a mutual agreement. If the EEOC cannot assist, John and his employer through mediation, it will be determined whether or not to file a civil action in federal district court. (U.S Equal Employment Opportunity Commission, 2009).Once this investigation is done, and the EEOC has not found any reasonable cause that the employer has violated the law, the charge may be dismissed. If John does not agree with the...

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