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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

Explain the discrimination complaint and the civil litigation process:John is an employee with a private organization. He feels he has been discriminated against based on his national origin. One day he was in his office and a group of employees waltzed into his office and started singing a song based on his Mexican heritage. They made offensive remarks and acted like they were throwing his heritage in his face. John then went to his attorney to 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 short. Discriminations can be based on sex, race, national origin, color, disabilities, age, retaliation and/or religion. If an individual feels his or her employer, for any of these reasons listed, has discriminated them then he or she are entitled to report their complaint with the EEOC. This essay will explain the process one must carry out in order to file a complaint. Along with the civil litigation process that follows filing a claim with the EEOC. This Essay will then outline what happens at the state level and finally how a case reaches the Supreme Court.According to the EEOC website the first step a person must take in filing a complaint with the EEOC is to get in touch with a counselor before filing their a complaint in court house. A person must file the complaint inside of 45 days of the alleged incident in order for it to be considered discriminatory. The counselor is responsible for providing counseling to the individual and helping that the person understands how the EEO process works. The EEO counselor then has 30 days from the date the individual made contact with the equal employment office to provide, in writing, to the individual his rights and responsibilities throughout the EEO complaint process. "A person must then file a lawsuit within 90 days after receiving a notice of a "right to sue" from the EEOC (www.eeoc.gov, 2003)."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 (www.eeoc.gov, 2003)." The web site also states that "The complaint must be a signed statement from the complainant or the complainant's attorney, and contain the complainant's (or representative's) telephone number and address. 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 (www.eeoc.gov, 2003)."An agency may dismiss an entire complaint before...

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