The scenario for this paper states that John is an employee in a private sector organization and he wants to file a discrimination complaint against his employer. The purpose of this paper is to analyze and explain in detail what the legal process is for filing such complaint. The paper will also explain the part that the courts play in these types of complaints. Every case is different so the paper will explain how these laws potentially apply to John.
John has decided to file a discrimination complaint against his employer. However, John is not sure how or what needs to be done in order to do this so he must first do some research. The Equal Employment Opportunity Commission (EEOC) was created to protect employees like John from discrimination violations. The laws against discrimination at work include race, color, religion, sex, national origin, age, and disability (Bennett &Anderson, 2007). All these laws are enforced by the EEOC.
The law states that if a person believes that they are a victim of discrimination they must first file a complaint through the EEOC before filing a lawsuit against the employer (EEOC, 2013). John has several ways that he can initiate the process of filing his complaint he can choose to file in person at a nearest location or he can file through mail. He will need to disclose some information in writing like his name, phone number, employer’s name, address, and a brief but detailed summary of the violation/s with dates and locations.
All these things are very important because the EEOC can determine whether or not an investigation is needed. According to the EEOC John has 180 days to file a complaint but if in his state there are any laws against discrimination it can extended to 300 days to file a complaint. Also it is important to know that in some cases there are state and local laws that prohibit discrimination in the work place so the EEOC will automatically file the charge with the Fair Employment Practices Agencies (FEPA) which protect the victim under both federal and state law (EEOC, 2013).
Now that John is ready to file his complaint with the EEOC he know just needs to wait for them to handle the charge. The EEOC must notify the employer within 10 days of receiving the complaint. Depending on the case that John may have the EEOC may offer that both parties participate in mediation as a way to resolve the issue. However if the case is more severe and or if this doesn’t resolve the issue the case will be given to an investigator for the case to be looked into with more detailed (EEOC, 2013). The EEOC will establish the priority level of the claim and if any laws have been broken.
Of course at any point during the process a settlement may be pursued; however if it is not workable, the investigation will carry on and once the investigation is complete the EEOC will make a decision on the case. If the investigation determines that there was no breach of the law the discrimination charges will be dismissed. Notification is then provided to John as a right to sue and he may then file a lawsuit against his employer. In some cases there may not be an investigation because the EEOC finds that John has very little evidence and that there really was no discrimination violation they may choose to close the complaint.
If that is the case John would also be notified by mail and he has the option of filing a civil lawsuit against his employer. Once John decides to proceed with the civil lawsuit the courts would now get involve. At this point it would be a good idea for John to hire an attorney who specializes in employment law. In this type of lawsuit the employer can request to have a jury present, if that is the case the jury would listen to both sides of the story, their evidence and their witnesses.
A judge will make the final decision in instances such as this. If however, the losing side feels the verdict is unjust they are still able to request an appeal of the verdict. The Appeals Court renders the final judgment except in cases in which a petition is filed with the US Supreme Court. Discrimination has become difficult to distinguish in the global workplace, for the protection of the employee and the employer; businesses must be mindful of relevant state and federal employment laws and the procedure for tackling discrimination.
Companies must communicate the “no tolerance policy” for discrimination to all employees because employee rights are esteemed. Discriminatory acts can be found in varied workplace environments, the employment hiring process, the office setting, and even during the termination of an employee. When a discrimination suit is filed against an employer, the process can be long and extensive. These discrimination laws have been made available to employees to use when individuals believe that a violation of employee rights has occurred in the workplace.