Legal Process Paper

962 words - 4 pages

Legal Process: Filing a Discrimination ComplaintThe Equal Employment Opportunity Commission (EEOC) is a federal government agency that was created to enforce the compliance of federal employment discrimination laws (http://www.eeoc.gov). The federal laws implemented by the EEOC are the Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Age Discrimination in Employment Act of 1967, Title I and V of the Americans with Disabilities 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 ProcessSince John believes that his employment rights have been violated, he can file a charge of discrimination with the EEOC. In order to protect John's legal rights, it is important that the charge is filed within 180 days of the alleged discrimination; however, the deadline can be extended to 300 days if the discrimination occurred in an area that implements state and local anti-discrimination laws.The first step in the private sector complaint process is to call the EEOC National Contact Center (NCC) promptly to give them the details of the complaint. The NCC will send the information to an EEOC field office in John's area and contact him for an interview to gather more information. Once the field office has collected the necessary information, they will send John a completed charge form and request his signature. When the EEOC field office receives the signed charge form, the complaint process will be complete and will be filed.After the charge is filed, the EEOC will send a copy of the charge to John and to his employer within ten days. Depending on the facts and evidence of the charge, the EEOC may offer both parties to participate in the agency's voluntary mediation program, attempt conciliation, or perform an investigation to gather more evidence. If both John and his employer choose to partake in the mediation program, EEOC will provide a neutral mediator to aid them in negotiating a resolution.If the mediation program is not used or a resolution cannot be reached during mediation, the charge will begin processing as an investigation. The EEOC may choose to stop the investigation at any point for the following reasons: the agency feels that feels further investigation cannot prove discrimination and will dismiss the charge; or both parties show interest in reaching a settlement. If the evidence and investigation conclude the actions as discriminatory, EEOC will send a letter to John and his employer detailing the findings and then attempt conciliation. The EEOC or John may not take the...

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