Legal Process Paper

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 Supreme Court. The complaint process has been established to protect those who feel that they have been wronged in some way. If John feels that he has been a victim of employment discrimination, it is not only his right to file a complaint, it is his duty to protect himself and other employees.Beginning the ProcessBefore an employment discrimination complaint can be filed, an employee must first understand what employment discrimination is. Employment discrimination is "when employers (or unions or employment agencies) illegally single out employees and job candidates. Anti-discrimination regulations are issued and enforced at the Federal level by the U.S. Equal Employment Opportunity Commission (EEOC)" (U.S. Employees, 2006). John has now chosen to file a complaint. "Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC" (The U.S. Equal, 2006). Since John feels he has been victim of employment discrimination, he must first begin by filing a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC). John must give the following information to start:The complaining party's name, address, and telephone number; The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known; A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and The date(s) of the alleged violation(s) (The U.S. Equal, 2006).Timeline for ProcessJohn has to file his claim with the EEOC within 180 days from the date of the alleged discriminatory act as a nonfederal employee and would be given 45 days as a federal employee to file the same claim. If a state or local anti-discrimination law covers this charge an additional 120 days are granted. A total of 300 days can be granted if the proceeding is true. If anti-discrimination laws exist on a state or local level, the agencies responsible for dealing with complaints are called Fair Employment Practices Agencies or FEPAs. Theses state or local level agencies work with the EEOC (The U.S. Equal, 2006). By the agencies working together, it helps avoid the filing of duplicate claims at different levels of governmental agencies."After the complaint is filed with the EEOC, within 10 days the EEOC serves notice of the charge with the employer (called respondent or responding party)" (Bennet-...

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