Eeoc Discrimination
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Running head: EEOC DISCRIMINATION
EEOC Discrimination
Serena Regalado
University of Phoenix
EEOC Discrimination
John is an employee in a private sector organization. John feels that his Title VII rights have been violated by his employer. He wants to file a discrimination complaint against his employer. Complaints could include discrimination because of race, color, religion, sex, national origin, age, sexual orientation, or disability. These discriminations are protected as outlined in Title VII of the Civil Rights Act of 1964. Since this matter cannot just be dropped on the United States Supreme Court, there are several steps to follow and particular organizations to involve, and all steps must be completed within a specific timeframe.
Beginning at a state level, John must first file a complaint through a local 706 agency, if a local agency is available within John’s jurisdiction. A 706 agency is a contracted and extended agency of EEOC and handles claims on a work-sharing basis with the EEOC at the state level. This must completed within 180 days of the alleged violation or 300 days if this is done through the 706 agency; the timeframe is specifically different when a 706 agency is involved versus the EEOC. If John goes directly to the EEOC and there is a local 706 agency, the EEOC will only defer John back to the 706 agency.
John must first consult with a designated EEOC/706 agency Counselor either personally or by a hired professional, such as an attorney. Without an attorney, this process is free and only costs John his efforts. John must provide both his personal information and the information of his employer, a short description of the alleged violation, and the date(s) of the alleged violation(s), (Equal Employment Opportunity Committee [EEOC], 2003). After establishing the record with the EEOC, John’s employer (now the respondent or responding party) will then be notified within 10 days that a charge have been filed and includes anti-retaliation provisions as it is a separate offence for John’s employer to retaliate against him. This process serves as a screening process with the intent to conciliate.
There can be no further action until an attempt of mediation is made in the alternative to a complete investigation. Mitigations are free, efficient, voluntary, confidential, and informal. If John’s employer is one of the many companies who have adopted their own mediation program, the EEOC will “referral-back” back to that program. If there is no referral-back program in place, then the EEOC will offer both John and his employer mediation by letter with the understanding that acceptance is voluntary. John and his employer both have 10 days to respond upon receipt of the letter. If accepted, then mediation must take place within 60 days for in-house mediation or 45 days for external mediation. If John and his employer reach an agreement, that agreement is as binding as any other settlement agreement.
If neither John nor his employer wishes to accept mediation, then the case is referred back to the EEOC and an investigation ensues. This includes retrieval of relevant documents and interviewing witnesses with the intention of determining a reasonable or no reasonable cause for John to charge his employer with discrimination. If no reasonable clause is found, then the EEOC will provide John with a right-to-sue letter and he may then file suit in federal court within 90 days of receiving the letter, without the EEOC having exhausted the administrative remedies. If the EEOC finds substantial evidence of discrimination, then the EEOC will try again to conciliate the matter, similar as before to mediation, with the intention of discussing what was discovered and how to resolve the matter. If matters cannot be resolved here, then the EEOC may take the issue further and file a civil suit against John’s employer in federal district court.
If John goes to federal court with the right-to-sue letter, he will be seeking a judicial review of the EEOC’s decision. Title VII requires that federal courts give EEOC decisions a de novo review which is a completely new look at the administrative case by the court and litigation