The Legal Process
Essay Preview: The Legal Process
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“I was not hired because I am a woman.” This statement is commonly asserted by females when denied employment for male-dominated positions. Although Title VII of the Civil Rights Act of 1964 (Title VII) prohibits this type of discrimination (The U.S. Department Of Justice, 2006), it remains a commonplace practice throughout many corporations. However, one does have the right to prove such a claim by gathering supportive evidence and lodging a formal complaint against the prospective employer. John Doe, an employee working for a private sector organization, feels he has been discriminated against and wants to file a discrimination complaint against his employer. John must undergo the process of filing his complaint with the Equal Employment Opportunity Commission (EEOC), and then proceed through the civil litigation process from the state level.
John begins the process by filing a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC). The website for EEOC (2006) presents the steps for this task. First, he must gather the information necessary to submit the charge (The U.S. Equal Employment Opportunity Commission, 2006). This consists of his contact information and the name, address, and telephone number of the employer who he is filing against (The U.S. Equal Employment Opportunity Commission, 2006). He must also describe in detail the incident(s) that instigated the complaint, along with the time period (The U.S. Equal Employment Opportunity Commission, 2006). Although the best course of action is to file as soon as possible, John has 180 days from the date of the incident in which he can file his complaint (The U.S. Equal Employment Opportunity Commission, 2006). Additionally, he has 300 days if state or local anti-discrimination laws are in effect (The U.S. Equal Employment Opportunity Commission, 2006). When anti-discrimination laws exist on a state or local level, the agencies accountable for processing complaints are called “Fair Employment Practices Agencies (FEPAs) and have a working relationship with the EEOC (The U.S. Equal Employment Opportunity Commission, 2006). This ensures that the claim avoids being over processed between the two agencies (The U.S. Equal Employment Opportunity Commission, 2006). To protect Johns federal rights, when a claim covered by federal law is filed at a state or local agency, it is also filed with the EEOC and vice versa (The U.S. Equal Employment Opportunity Commission, 2006). Once filed, the EEOC informs the employer in writing about the claim. If the charge clearly indicates that a law has been broken, the EEOC will conduct a priority investigation (The U.S. Equal Employment Opportunity Commission, 2006). The charge will be looked into further for supporting evidence if the charge is weak (The U.S. Equal Employment Opportunity Commission, 2006). At this point, the EEOC can settle the claim if John and the employer wish to do so (The U.S. Equal Employment Opportunity Commission, 2006). If not, the next step is a formal, thorough investigation, which may include speaking with witnesses, requesting and analyzing documentation, etc. (The U.S. Equal Employment Opportunity Commission, 2006). Upon completion, the information discovered in the investigation will be shared with both parties (The U.S. Equal Employment Opportunity Commission, 2006). Now, the EEOC can present the parties with the option of mediation in lieu of continuing the investigation (The U.S. Equal Employment Opportunity Commission, 2006). If neither party is interested, the claim is investigated even further (The U.S. Equal Employment Opportunity Commission, 2006). The EEOC has the power to dismiss any charge at any point during this process if there is not sufficient evidence to support the claim (The U.S. Equal Employment Opportunity Commission, 2006). When this happens, the EEOC is no longer involved in the claim and John will be notified and given 90 days to proceed with his own lawsuit (The U.S. Equal Employment Opportunity Commission, 2006). If the claim has validity, he will be notified and the EEOC will then, on Johns behalf, pursue some type of conciliation with the employer (The U.S. Equal Employment Opportunity Commission, 2006). Neither the employer nor John will have to enter a court setting as long as the EEOC has been able to successful mediate, settle, or conciliate the claim (The U.S. Equal Employment Opportunity Commission, 2006). However, if the EEOC is unsuccessful in reaching an amicable agreement between both parties, the EEOC can decide to drop the matter or the case may proceed to federal court for resolution (The U.S. Equal Employment Opportunity Commission, 2006). John will be notified of the final EEOC determination and given 90 days in which to proceed with his own lawsuit (The U.S. Equal Employment Opportunity Commission, 2006). John has completed the process of filing his complaint through the EEOC and is now able to move forward with civil litigation.
The next step for John is filing a civil lawsuit alleging discrimination. After receiving a “right to sue” determination from the EEOC, he can begin legal proceedings for a lawsuit within 90 days (The U.S. Equal Employment Opportunity Commission, 2006). The notice can also be requested 180 days after he files his initial complaint with the EEOC (The U.S. Equal Employment Opportunity Commission,