Explain the discrimination complaint and the civil litigation process: John is an employee at a private company. He feels he has been discriminated against based on his weight. While at work one day John informed his boss that he would be physically unable to perform an assignment because of his weight. Shortly afterwards a group of employees waltzed into his office and started making comments about how lazy fat people are. They started making 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 employees from discrimination in the workplace is the EEOC. Discrimination comes in many forms and the EEOC website list the following as forms of discrimination: age, disability, equal pay, national origin, pregnancy, race, religion, retaliation, sex, and sexual harassment (EEOC Website, 2007, Discrimination by Types). If an individual feels that they have been subjected to workplace discrimination for any of the aforementioned reasons; they can report their complaint to the EEOC.To initiate the process John needs to contact EEOC and file his complaint within 180 days of the alleged incident of discrimination (EEOC Website, 2007, Filing a Charge of Employment Discrimination). The counselor is responsible for providing counseling and explaining how the EEO process works. After a complaint is filed with an EEO the counselor; the counselor is required to provide, in writing, to the individual his rights and responsibilities throughout the EEO complaint process. Once the individual has completed the EEOC process he/she can then proceed with a lawsuit after receiving a notice of a "right to sue" from the EEOC counselor (EEOC Website, 2007, Facts).After completing these requirements, there is a formal complaint process. According to the EEOC website "A complaint must be filed against the agency that allegedly discriminated against the individual within fifteen days of receipt of the Notice of Final Interview" (EEOC Website, 2007, Ch. 5). The EEOC's web site also states that "The complaint must be a signed statement from the complainant or the complainant's attorney, and contain the complainants (or representatives) telephone number and address" (EEOC Website, 2007, EEO Complaint Process). It must be sufficiently precise to identify the complainant and the agency, and describe generally the action or practice, which forms the basis of the complaint (2007).The EEOC may dismiss an entire complaint before requesting a hearing because of the following reasons: (EEOC Website, 2007, Discrimination by Type)•Failure to comply with the time limits•Stating the same claim...
