Legal Process
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Legal Process Paper
The Equal Employment Opportunity Commission (EEOC) is a Federal Government agency, who issues policy/regulation to protect everyone from employment discrimination base on their race, skin color, sex, disabilities, religion, age or national origin, etc., as long as it is in regard to fair employment. Anyone who feels discriminated from their employer with any of reason from above will have the rights to file a complaint through the EEOC. Base on John scenario, an employee in a private sector that wants to file a discrimination complaint against his employer. He cans file a charge with the EEOC and follow with civil litigation if the EEOC cannot settle his complaint (www.eeoc.gov, 2006).
According to the EEOC, the first step in the process of his complaint is to initiate contact with an EEO counselor within 45 days of the discriminatory act. The counselor will provide John with all information in writing regarding of his rights and responsibilities to file his discrimination complaint, which including rights to request a hearing before an EEOC administrative judge or an immediate final decision from the agency. The counselor will also attempt an informal resolution by offering John to choose participate in counseling or Alternative Dispute Resolution (ADR). ADR is a form of Mediation process that will gives the John and his employer the opportunity to discuss all the issues that have risen in the charge. Mediation helps the both parties to agree on a mutually acceptable resolution, reduces costs and works. Normally, the session will be complete within 90 calendar days. If at the end of the informal resolution is unsuccessful, John may then file a complaint with the agency (www.eeoc.gov, 2006).
Once the formal complaint is being file with the EEO counselor, the agency will carry on an investigation and send out a copy of the final investigative report with John notice of rights after the agency finishes their investigation. In the cases where John requests for a hearing, the Administrative Judge will conduct a hearing and issue a decision. If discrimination is found, the Administrative Judge will order the employer a suitable remedy to John and this process will complete within 180 calendar days. After the Administrative Judge’s decision been made, if the Complaint Adjudication Office does not issuing John a final order within 40 days whether the agency will fully implement the Administrative Judges decision or will appeal the decision to the EEOC. The decision will automatically become the final action of the agency. If the agency issues an order notifying John that the agency will not fully implement the decision of the administrative judge, he may file a law suit against his employer in the federal court within 90 days of received the notification (www.ojp.usdoj.gov, 2006).
When John files a complaint with the civil court, he must provide to the judge a document that is call discovery. In the discovery must provide all detail of the issued and describing the resolution that he wants. He may ask for financial compensation or may asking the court instructing his employer change their operation that can stop causing the harm. In most cases, judges often encourage both parties trying to reach an agreement resolving their dispute. But if the case is not settled after all discoveries are made and settlement attempts are exhausted, the courts will assign either a jury or bench trial. Either side of parties may request a trial by Judge only or jury trail. In the jury trail, the jury will determine whether John or defendant is responsible for the damage awarded, whereas a bench trial a Judge will decide on the issued (www.uscourts.gov, 2006). Once the case has been ruled, the losing party