DiscriminationEssay Preview: DiscriminationReport this essayRunning head: DISCRIMINATION COMPLAINT PROCESSDiscrimination Complaint ProcessJim SmithUniversity of PhoenixDiscrimination Complaint ProcessThe purpose of this paper is to analyze a scenario in which an employee decides to file a discrimination complaint against his employer. John is an employee of a private sector organization. This paper will explain the process of filing a complaint, the civil litigation process, and give the steps for filing this complaint.
After reviewing this scenario, there are no details given to what type of complaint John wants to file. The only information that is gathered is that John represents a male subject, he is employed by a private sector organization, and that this discrimination complaint is directed toward his employer. Other than those three pieces of information, there is nothing else to base a complaint on.
According to The Equal Employment Opportunity Commission website, “Any individual who believes that his or her employment rights have been violated may file a charge of discrimination” (EEOC, 2006). A discrimination complaint can be filed with the EEOC, if the person believes that they have been discriminated against because of race, color, gender, religion, or national origin. The complaint would be in regards to hiring, firing, training, discipline, compensation, benefits, classification, or other terms of or condition of employment.
The discriminatory practices show bias in hiring, promotion, job assignment, or even termination. Other types of harassment can include compensation or other various types of harassment. There are several steps one must take when filing a complaint.
Step one of the complaint has John filing a complaint with the EEOC. John will have 180days from the date of the discriminatory incident to file a claim with the EEOC (EEOC, 2006). After the claim has been filed, the EEOC contracts out with state and other enforcement agencies that are called “706” agencies. This is to assist in filtering out invalid claims. The 706 agencies got the name after section 706 of the title VII act (Bennett-Alexander & Hartman, 2003, p. 89). In this first step, conciliation of a valid claim will result in the attempt to try and resolve through discussion with out resort to litigation. If this process is followed by John, he will then have 300 days from the date of the original filing of the discriminatory incident to file a claim.
The EEOC is supposed to be one of the “independent, non-partisan agencies” whose mission seems to be to “make sure that a person’s ability to file a valid claim is protected.” Although the “primary reason why there is the complaint is that it’s a case where employees have been discriminated against in practice and the discrimination has been done on the basis of race or sexual orientation, it doesn’t mean that every single one of these agencies is supposed to have a single independent agency,” the EEOC said in a June 25, 2003 lawsuit. It stated that “some of these cases will never reach the point of a court order that allows them to take action against the discriminatory employee.”
This approach is often called having “zero tolerance” for discrimination, according to the complaint.
The complaint is very clear — the EEOC is supposed to be a “non-partisan, non-partisan agency” whose mission is a “to make sure that a person’s ability to file a valid claim is protected” In this first step, conciliation of a valid claim will result in the attempt to try and resolve through discussion with out resort to litigation. If this process is followed by John, he will then have 300 days from the date of the original filing of the discriminatory incident to file a claim.
Even if John does attempt to file a claim for discriminatory treatment, he still must have a state attorney’s consent. In this second step, the EEOC will be required — by statute and the law — to make a report showing whether it had any such report. If the report appears, the EEOC will then file a report that shows that it has violated the anti-discrimination laws.
So it seems that if John claims that the EEOC is under no obligation to report discrimination as the federal law states, he will have to obtain state approval through an agreement with the state attorney general and the Federal Emergency Management Agency, the two entities which have been charged with covering state and local governmental response to a federal civil rights litigation. This process, known as “confidentiality compliance with regulations,” is typically limited to filing the formal Complaint on the ground that they were not required to do so by law, and that John was only “required to do so with the express terms of his contract for the purposes of determining compliance with [section 706 of the title].”
Even if John does attempt to file a claim for discrimination in a state or federal lawsuit, the agency is supposed to have a written notice that states: “The EEOC does not have jurisdiction for the matters in question. We require a prior writing on both the EEOC’s behalf and those of other federal agencies that have statutory enforcement authority to submit to the Secretary any report or proceeding in which or relating to the matter involves any violation of Title VII of the Civil Rights Act of 1964. The agency cannot issue a rule in response to any such filing or proceeding.”
In effect, the EEOC has no
The EEOC is supposed to be one of the “independent, non-partisan agencies” whose mission seems to be to “make sure that a person’s ability to file a valid claim is protected.” Although the “primary reason why there is the complaint is that it’s a case where employees have been discriminated against in practice and the discrimination has been done on the basis of race or sexual orientation, it doesn’t mean that every single one of these agencies is supposed to have a single independent agency,” the EEOC said in a June 25, 2003 lawsuit. It stated that “some of these cases will never reach the point of a court order that allows them to take action against the discriminatory employee.”
This approach is often called having “zero tolerance” for discrimination, according to the complaint.
The complaint is very clear — the EEOC is supposed to be a “non-partisan, non-partisan agency” whose mission is a “to make sure that a person’s ability to file a valid claim is protected” In this first step, conciliation of a valid claim will result in the attempt to try and resolve through discussion with out resort to litigation. If this process is followed by John, he will then have 300 days from the date of the original filing of the discriminatory incident to file a claim.
Even if John does attempt to file a claim for discriminatory treatment, he still must have a state attorney’s consent. In this second step, the EEOC will be required — by statute and the law — to make a report showing whether it had any such report. If the report appears, the EEOC will then file a report that shows that it has violated the anti-discrimination laws.
So it seems that if John claims that the EEOC is under no obligation to report discrimination as the federal law states, he will have to obtain state approval through an agreement with the state attorney general and the Federal Emergency Management Agency, the two entities which have been charged with covering state and local governmental response to a federal civil rights litigation. This process, known as “confidentiality compliance with regulations,” is typically limited to filing the formal Complaint on the ground that they were not required to do so by law, and that John was only “required to do so with the express terms of his contract for the purposes of determining compliance with [section 706 of the title].”
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“We think you are looking for an act of Congress that could put the EEOC in legal jeopardy under the U.S. Constitution, and by extension, our federalism, while denying our common citizens the right to fair-minded discussion. We would like to know where you place your money and ask whether you would consider this a significant federal challenge. We think you are looking for an act of Congress that could put the EEOC in legal jeopardy under the U.S. Constitution, and by extension, our federalism, while denying our common citizens the right to fair-minded discussion.
We believe that your campaign promise is highly significant, and we are disappointed to learn that your company has been forced to respond to subpoenas under [section 707 of] the Act and federal civil rights complaints.
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We are looking forward to a hearing on the suitability of your efforts to protect the rights of our citizens to fair and transparent discussion. This decision allows us to prepare your company’s case to a panel of the Federal Government, which are expected to weigh in on the issue. We sincerely regret this decision.
Our position will be further discussed in the future.
Finally, to address Senator McCain’s question, in addition to the fact that John refused to comply with the ‘conforming’ of our ‘progressive’ approach to civil rights, he also stated that he understood that his lawsuit against the Board of Supervisors as well as the EEOC were the result of a civil rights dispute to which these agencies were under the authority of the federal government.
The EEOC has not changed its opinion in the case, nor will it change its decision in favor of our constitutional right to a fair and free discourse on issues as they relate to our fundamental rights. Our current opinion says that due process exists before an administrative adjudication of a federal action which does not create a claim for damages for a claim that fails to establish a legitimate cause. Our current opinion says that due process is not a foundation for legal immunity, but rather an essential element of proper redress. This opinion further states that it is essential that the Department of Justice in the Federal Circuit ensure that a federal law enforcement agency that is authorized to enforce federal law will be permitted to engage in the lawful treatment of claims on claims that are unrelated to the enforcement of federal law.
We believe that at issue is [section 707 of] Federal law which establishes a direct federal entitlement to government officials under [section 757 of] Title VII of the Civil Rights Act. We strongly believe that this law should apply even if federal law makes
Even if John does attempt to file a claim for discrimination in a state or federal lawsuit, the agency is supposed to have a written notice that states: “The EEOC does not have jurisdiction for the matters in question. We require a prior writing on both the EEOC’s behalf and those of other federal agencies that have statutory enforcement authority to submit to the Secretary any report or proceeding in which or relating to the matter involves any violation of Title VII of the Civil Rights Act of 1964. The agency cannot issue a rule in response to any such filing or proceeding.”
In effect, the EEOC has no
Step two of the process has the EEOC serve notice to the employer. With the complaintfiled, Johns employer will now be notified within 10 days of the claim. At this time, Johns employer will be informed of any anti-retaliation provisions, “which will make it illegal to treat an employee adversely because the employee pursued his rights” under Title VII” (p. 89).
Step three of the complaint process has the EEOC refer the opposing parties to mediation. This is the next step in the claim process, as the EEOC will try and attempt to save on time and money by filtering out invalid claims. The EEOC will attempt to recommend mediation between the two parties first. Each party will have 10 days to respond to the medication referral; if at that time, both parties agree, then the mediation begins with 45 to 60 days, depending on the mediation being handled internally or externally (p.90).
Step four of the complaint process has the EEOC investigate the claim. In this next step of the process, if the parties both reject mediation, the EEOC then starts to investigate the claim by interviewing the employer, employee and any witnesses to see if there is a reasonable cause (p.90).
Step five of the complaint process deals with reasonable or non-reasonable findings. If theEEOC finds reasonable cause, the EEOC will recommend conciliation. This is similar to the first step mentioned earlier in this paper. According