Discrimination Case
Discrimination Case
Discrimination in the context of civil rights law, unlawful discrimination refers to unfair or unequal treatment of an individual (or group) based on certain characteristics, including age, disability, ethnicity, gender, marital status, national origin, race, religion, and sexual orientation. Discrimination in the workplace can include actions such as hiring, firing, demoting, promoting based on a prejudice resulting in unfair treatment of an employee. John is a current employee for a private sector organization. He feels that he is being treated unfairly and wants to file a discrimination complaint against his employer. In order for John to file a complaint, he must start with the Equal Employment Opportunity Commission, known as EEOC. The process also includes the civil litigation process through the state and federal court systems. The first step for John is to file a Charge of Discrimination with the EEOC. When filing a discrimination complaint, the employee has 180 calendar days from the day the incident happened to file the complaint. The deadline can be extended only if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The extension would result to 300 days. After the complaint is filed, the EEOC will notify the employer within 10 days. There are different ways the EEOC can help with resolving the compliant. These include the mediation process and the litigation process.
Mediation is a confidential way for employees to resolve disputes. A neutral mediator is there to discuss the differences between the two parties. The mediator is there to help the parties work out solution to their problems. This process allows parties to resolve the charge that meet their needs. The charge can be resolved quicker through this process. The mediation process starts with contacting both parties and asking if they are interested in participating in mediation. If mediation is denied, the charge is forwarded to an investigator. If the parties agree to mediation and the charge is not resolved, it will then move on to an investigation. A mediation session typically lasts around 3 to 4 hours but can last longer depending on the severity of the case. The litigation process starts with the initial complaint by the employee. An EEOC investigator will receive the charge. The investigation begins at the state level. Upon finalizing the investigation, if no violations were found, the employee will receive a Notice of Right to Sue. Upon receiving the letter, the employee has 90 days to file a lawsuit against the court. When a violation is found, the EEOC will attempt a voluntary settlement between the parties. During this process, the investigator decides whether to file a lawsuit. The EEOC considers many factors including the seriousness, type of legal issues, and the impact on workplace discrimination. A lawsuit will not result in every EEOC case. The case may reach the court system. If the employee does not agree with the decision, they can file an appeal. An appeal can be heard through different levels of the court system.