Legal Process Explanation Paper

1105 words - 4 pages

The discrimination process and civil litigation processes are designed to protect not only the employee but the employer from unwanted and unacceptable behaviors. This paper will explain the discrimination complaint and civil litigation process.This paper begins with an employee wishing to file a compliant against his employer for discrimination. Discrimination is defined as the act of "prejudicial outlook, action or treatment" (MW [MW], 2006). A discrimination complaint can stem from many different types of discrimination. Research shows there are three key Acts pertaining to discrimination. The first pertains to Title VII, which simply stated is the Civil Rights Act of 1964. This Act makes discrimination based on an individual's race, color of his or her skin, religion he or she practices, sexual orientation and an individuals national origin illegal. (EEOC [EEOC], 2004). The second type pertains to the American with Disability Act. This Act says an individual with a disability using as an example a person who has physical or mental impairment which limits activities he or she are involved in, he or she has a record of such impairment, or he or she may merely be regarded as having such an impairment. The Act further defines an individual who can with or without "reasonable accommodation" (EEOC) perform the essential function of the job for which he or she is applying for then must be considered on all aspects of his or her competencies. Reasonable accommodations pertain to the employer providing, within reason, the necessary tools for the employee to do his or her job. Reasonable accommodations might look like job restructuring, modifying existing building facilities to grant access to all, or modifying or obtaining equipment to enable the employee to do his or her job. This Act makes discrimination solely because of an individual's disability either during the hiring process or firing process illegal. The third pertains to the Age Discrimination in Employment Act. This Act makes discrimination on the basis of age over 40 either in the hiring or firing process illegal. Additionally defined in this Act are conditions of employment such as "promotions, layoffs, compensation, benefits, assignments, and training" (EEOC). Important to note is the Age Discrimination in Employment Act is applicable only to organizations employing more than 20 workers. With an understanding of the key Acts and the definition of discriminatory practices the next focus is on the litigation process to bringing out a discrimination complaint.Any individual who feels behavior exhibited towards him or her as a victim of discrimination may file a claim with the U.S. Equal Employment Opportunity Commission when employed in the private sector. This paper focuses on the process within the private sector as Federal employees have a slightly different process. Typically a charge is either filed by mail or filed in person by going to the nearest U.S. Equal Employment Opportunity...

Find Another Essay On Legal Process Explanation Paper

Legal Process Paper

990 words - 4 pages fat jokes and used offensive language directed towards him; the main instigator started calling him a fat pig as well as other obscenities. This paper will describe the complaint process John must follow starting with the Equal Employment Opportunity Commission (EEOC), and proceeds through the civil litigation process from the state level up to the United State Supreme Court if necessary.The Government organization that was created to protect all

Legal Process Paper

1281 words - 5 pages An employee of the name of John works for a private sector organization wants to file a discrimination complaint against his employer. But before he can file the complaint he needs to file a charge with the Equal Employment Opportunity Complaint (EEOC) counselor first, as soon as this is done an investigation will take place. In this case, John is given a certain number of days to file a lawsuit on his behalf. This process would have to go

Legal Process Paper

1104 words - 4 pages Legal Process PAGE 1 Legal ProcessSchevella NicholesMGT 434-Employment LawGroup ID: BSAM09KOH5University of PhoenixInstructor: Karen Abron, BS, MSDecember 30, 2007Legal Process"Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race and gender, among other characteristics" (Bennett-Alexander & Hartman, 2007, p.4). Enormous amounts of discrimination were occurring at that time, and that is why the law had to be

MGT 434 Employment Law Legal Process Paper

981 words - 4 pages To handle a complaint of discrimination effectively, an employer should have a basic understanding of the process and procedures used by the EEOC to enforce the federal laws that prohibit employment discrimination. By knowing in advance what to expect, an employer can best prepare its defense.EEOC ProcessAny individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. Charges may be

Legal Process Paper Describes how John can file a discrimination suit against his company with the EEOC. Starts from the beginning of the process through to the US Supreme Court

1049 words - 4 pages Legal Process PaperJohn Doe worked for a large sofa manufacturing company in the Northeastern United States. He was the supervisor of the pillow-stuffing department. He oversaw the activities of fifteen people. John was 50 years old and he had been working for the company for 15 years at various levels and 3 years at his present level. He was a respected and well-liked person in the company. This all changed when a new Plant Manager was, hired

Legal Process Paper- This paper is about a gentleman named John who wishes to file a discrimination complaint against his employer

1067 words - 4 pages This writer will explain the beginning process of filing a discrimination complaint and civil litigation process. The writer was informed there a gentleman by the name of John who wishes to file a discrimination complaint against his employer. This writer will guide John though the legal process.Proceeding through the EEOCIn order for John to file a discrimination complaint against his employer, he is required to file his preliminary charges

Legal Process Paper. Explain how the complaint begins with the EEOC and proceeds through the civil litigation process from the state level up to the United States Supreme Court

1204 words - 5 pages file a suit against the employer for violation of Title VII of the civil rights act of 1964.How the Complaint Begins with the EEOC and proceeds through the civil litigation process from the state level up to the United State Supreme Court:A Government organization has been created to protect all employees from being discriminated in the workplace. The name of this organization is called The Equal Employment Opportunity Commission or EEOC for

Explanation, Understanding, and Subjectivity

3302 words - 13 pages refinement and correction leads us closer to an objectively accurate picture of the world and of the natural relationship of explanation. Filling in the details of how this process of refinement and correction works requires much work and obviously extends far beyond the scope of this paper. We must nonetheless fill in these details in order to secure objective validity for an inferential process that necessarily originates in relatively

Techniques of writing research paper

4081 words - 16 pages 'LONGISH TERM PAPER''RESEARCH AND METHODOLOGY'TOPIC:'TECHNIQUES OF WRITING A RESEARCH PAPER'POONAM WALIMBEROLL NO: 111Dated: 17.10.14TABLE OF CONTENTS:Chapter 1: Introductory Chapter- Introduction Objectives and Aims of the study Research methodology Summary Chapter 2: Conceptual analysis of Research paper- Meaning of research paper Importance of legal research paper Research paper may refer to- Academic paper (also called as

The Rights Revolution: The Conditions that Caused It

1103 words - 4 pages explanation. This is in contrast with other popular theories like the constitution-centered, judicial centered, or culture-centered. He explains the proper conditions that were needed for a rights revolution and illustrates why the democratization of access to the courts was important. He also rejects claims that the whole process was undemocratic. This paper will outline his arguments and provide a contemporary example in support of his"By the

Managerial Functions in the Workplace

1211 words - 5 pages This paper will compare and contrast a legal concept known as procedural due process with a psychological concept known as procedural justice. It deals with managerial procedures in a legal forum for those who commit crimes or are accused of committing a crime, and for employees who feel they have been wronged in their work environment. I will give detailed examples of the procedural due process and procedural justice and how it affects the

Similar Essays

Legal Process Paper 962 Words

962 words - 4 pages Act of 1990, Sections 501 and 505 of the Rehabilitation Act of 1973, and the Civil Rights Act of 1991. This paper will discuss how John, an employee in a private sector organization, can file a charge of discrimination against his employer through the EEOC. In addition, an explanation will be given about the civil litigation process if the EEOC is unable to conciliate the complaint through mediation.EEOC Discrimination Filing Complaint

Legal Process Paper 1039 Words

1039 words - 4 pages Legal Process PaperJohn Doe is an employee in a private sector organization and wishes to file a discrimination complaint against his employer. This paper will explain the discrimination complaint, civil litigation processes, and how the complaint begins with the Equal Employment Opportunity Commission (EEOC). This paper will also outline the procedures through which the civil litigation process from the state level up to the United States

Legal Process Paper 967 Words

967 words - 4 pages to that number it amounted to a very large sum, enough in fact for John to be able to retire.Because of the fact that John had kept such detailed records, Davidson Consulting did not even dispute the charges. John was unusual in that he presented a mountain of evidence which backed up every claim that he had made. If he had not been so detailed the process would have been much more complicated. His case would have needed to present his case with

Legal Process Paper 881 Words

881 words - 4 pages The Equal Employment Opportunity Commission (EEOC) is a Government agency, which exists to protect us all from employment discrimination based on race, color, sex, national origin, religion, retaliation, age and disability. Individuals who feel their employer has discriminated against them for any of these reasons have the right to file a complaint through the EEOC. This paper will outline the complaint process for John, an employee in the