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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 written. The law allowed for fairness in the hiring practices of companies, and treatment of employees. "Opponents of this position contend that discrimination continues because often employers have to choose between of two equally qualified applicants for a position. So, the employer may choose the white or male applicant over the minority or female applicant" (Bennett-Alexander & Hartman, 2007, p.4). So that gives the law flaws and allow discrimination to exist continually based on things such as race and gender. "When the Civil Rights Act of 1991 was signed into law by President George Bush on November 21, 1991, the new law for the first time in Title VII cases permitted broadened protections against private race discrimination" (Bennett-Alexander & Hartman, 2007, p.74). The EEOC handles all cases involving discrimination, including those that arise in the private sector. "Title VII applies to all private employers employing 15 or more employees" (Bennett-Alexander & Hartman, 2007, p.77). The employee files discrimination complaint with the EEOC. The EEOC sends a notice to the employer and notifies them of a discrimination complaint being filed against them. The parties receive a referral to mediation, and if they agree, the charge is mediated. If no resolution is reached during the mediation process, and the EEOC finds no reasonable cause for them to go further, the complaint goes to the courts.Discrimination Complaint"The EEOC is now the lead agency for handling issues of job discrimination and deals with most matters of employment discrimination arising under federal laws" (Bennett-Alexander & Hartman, 2007, p.73). The EEOC investigates all accusations made to see if the claims are valid and if further action is required. If the EEOC finds out that an accusation is authentic, they file legal action against the employer. "The EEOC's success rate is pretty high. An August 13, 2002, report on a five-year litigation study released by the EEOC, covering fiscal years 1997-2001, reported that approximately 91 percent of the EEOC's suits are successfully resolved" (Bennett-Alexander & Hartman, 2007, p.81). "Employers should be aware that it costs an employee only time and energy to go to the nearest EEOC office and file a claim. By law, the EEOC must in some way handle every claim it receives" (Bennett-Alexander & Hartman, 2007, p.80).Employer Notification"Within 10 days of the employee filing a claim with the EEOC, the EEOC serves notice of the charge to the employer" (Bennett-Alexander...

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