Discrimination and the Legal Process
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Discrimination and the Legal Process
Today’s organizations are faced with many ethical and legal issues when dealing with the diverse work force such as the potential of discrimination when conducting day-to-day activities. The issues of diversity and discrimination affect many organizations behavior when considering how to properly treat the employees without making decisions based on based on race, nationality, creed, color, age, sex or sexual orientation. The influence of laws on decision-making has a direct impact on the livelihood of an organization. Understanding laws about discrimination is important if one wishes to be sure he or she is being treated fairly. This paper will discuss the legal process one would pursue whom was discriminated against by a private sector organization and wishes to file a complaint. The factious employee’s name is John and he wants to file a complaint against his employer for discrimination. This paper will describe discrimination laws and show how a complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court.
There are many types of discrimination and Congress has passed several different Acts that are in place that give us rights to help protect us from being discriminated against. The Equal pay Act was passed in 1963 to prohibit discrimination because of ones sex in the payment of wages by employers. In 1964, Congress passed the Civil Rights Act, which prohibits individuals from discrimination in employment based on race, sex, color, national origin, or religion. Then the Age Discrimination in Employment Act (ADEA) which prohibits people over the age of 40 from being discriminated against was passed in 1967 and amendments where made in 1978 and 1986. Finally, the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 were passed and these Acts prohibit discrimination against any persons with physical and mental disabilities. The Acts that Congress has passed into law are the foundation of our rights against being discriminated and are then interpreted at local, state and federal levels to protect us.
Discrimination can simply be described as unequal treatment of any person, for reasons that has nothing to do with ones ability. State and federal laws prohibit discrimination in employment, which include things such as one’s rates of pay, right to promotion or opportunity, and civil rights, based on race, nationality, creed, color, age, sex or sexual orientation. As an employee, John has the right to protest being discriminated against or may insist on his rights to equal treatment. These laws also allow John to pursue his employer in a private lawsuit that includes the right to sue for damages.
In John’s situation, he believes that his employment rights have been violated so he would start by filing a charge of discrimination with an EEOC office, against his employer, either in person or by mail. In order to protect his rights John will need to file the charge with EEOC within 180 days from the date of the alleged violation. In some cases involving local and state laws, filing deadline can be extended to 300 days. However, the time limits for placing a claim do not pertain to the Equal Pay Act, because under that Act a person would not have to start by filing a charge with EEOC in order to pursue the right to go to court. The EEOC’s policy is to seek relief for people like John who claim they have been victimized by discrimination from an employer. This relieve would consists of advising John of his rights under the law and also pursue corrective or preventive damages against the cause of the known discrimination and help place John in a position that he would have occupied if the discrimination had not occurred. The EEOC would also pursue compensatory damages for John including back pay and lost benefits.
After John was to file his claim with the EEOC, the agency would then notify his employer that the charge has been filed. EEOC investigators are often busy with many cases and if the initial facts appear to support a violation John’s case could receive priority for the investigation he may even receive a “right to sue” letter from the EEOC, and pursue the employment discrimination claim in Court. However, if John’s