Discrimination Legal Process Paper
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Legal Process Paper
The purpose of this paper is to outline the processes that occur when an employee wishes to bring about a discrimination complaint against a private sector employer. “John”, who is a fictional employee, wishes to file a discrimination complaint against his employer, Acme Inc. (Also a fictional name). This paper aims to show the correct process that will be carried out in order for John to file the complaint.
Before John can file a lawsuit in court for discrimination at work, he must file a formal written complaint with the U.S. Equal Opportunity Commission. (EEOC). The EEOC is “a federal agency responsible for enforcing laws against discrimination in the workplace.” (Barrett & Farahany, LLP. 2008). Sometimes, different states and localities have anti discrimination laws and agencies that enforce said laws. These agencies are referred to as Fair Employment Practices Agencies (FEPAs) by the EEOC. FEPAs and the EEOC may work in conjunction to protect John’s rights under both state and federal law. (If there is no FEPA in John’s state, he would file a complaint only with the EEOC).
The EEOC enforces several discrimination laws. These include Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and Title I and Title V of the Americans with Disabilities Act of 1990 to name a few. Depending on the nature of the claim that John is filing against Acme, a specific law should support it to make the claim plausible. John must file his formal complaint within 180 days of the alleged violation with the EEOC. The only time John may be able to file a lawsuit without filing an original complaint with the EEOC is if the discrimination is based on the Equal Pay Act.
Once John files the complaint, Acme will be notified that a complaint has been filed with EEOC. In the complaint, John will list his own contact information, contact information pertaining to Acme, a short description of the alleged violation and the date/s of said violation. The EEOC will then pursue John’s complaint in a variety of ways. First of all, they will investigate the basis of John’s complaint. Depending on what they find out, different procedures can be followed. According to Barrett & Faranhy, “if the charges are confirmed, the EEOC attempts to resolve the complaint through a Mediation process.” (2008). However, if the EEOC finds substantial evidence of discrimination, it may file a lawsuit itself instead of recommending mediation between John and Acme.
Other options that the EEOC could pursue include dismissing John’s complaint if it, (the commission) fails to find sufficient facts to support John’s claims of discrimination. If this is the case, the EEOC will issue John with a notice that his complaint has been dismissed