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Running head: DISCRIMINATION COMPLAINT Discrimination Complaint Discrimination Complaint According to the U. S. Equal Employment Opportunity Commission, any person, who considers that his employment rights have been violated, has a right to file a charge of discrimination with EEOC. In such a way, John, being an employee in a private sector organization, can file his discrimination complaint against his employee with EEOC. The present essay analyzes and explains the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employee, namely, private sector organization. The present paper outlines the basic steps of filing complaint, explaining in details how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court.
Finally, the essay includes a discussion of other relevant aspects addressing discrimination complaints and disputes in the workplace. As it was already mentioned, as far as John believes that his employment rights have been violated, he can file a charge of discrimination with EEOC. When John decides to file a charge with EEOC, he may be asked to fill out an intake questionnaire. This questionnaire should be further submitted either by mail or in person at the nearest EEOC office. In case John needs an accommodation to file his charge (for example, print materials, or sign language interpreter), he needs to inform the nearest EEOC office beforehand for the arrangements to be made. According to EEOC, to file a discrimination charge, John should provide all necessary information, including his name, address, and telephone number, the name, address and phone number of his employee, as well as the number of employees in the private organization he works in.
In addition, as it is specified on the EEOC Website, John needs to provide a short description of the alleged violation, namely, the event that caused John as a complaining party to think that his rights were violated, and the date of this alleged violation (Filing a Charge of Employment Discrimination, 2007). It should be also taken into consideration that as far as all laws enforced by EEOC (with the only exception, the Equal Pay Act) need filing a charge with the Equal Employment Opportunity Commission before the private lawsuit will be filed in court, John needs to file his charge within a strict time limit. As it is claimed on the EEOC Website, the charge should be filed with EEOC within 180 days from the date of the alleged violation. However, in case the charge is covered by a state or local anti-discrimination law, the deadline can be extended to 300 days. In case John's charge of discrimination can be referred to as ADEA charge, only state laws can extend the filing limit to 300 days. Also, in case Johns charge of discrimination is under the Equal Pay Act, he will have no strict limits for filing, because as it is stipulated by the Equal Pay Act, John doesnt need to file the charge with EEOC first to have right to go to the court (Filing a Charge of Employment Discrimination, 2007).
However, as it is recommended by the EEOC, as far as many ECA charges of discrimination also involve Title VII sex discrimination issues (and in case this is John's case), it recommended to file the charge within the time limit indicated. After John files the charge of discrimination, his employer, the private sector organization, will be informed that the charge has been filed. Now, there are few ways the charge can be handled. First, in case the initial facts indicated in the charge of discrimination appear to support law violation, Johns charge may be assigned for priority investigation.
However, in case the evidence presented in Johns charge is weaker, his charge can be assigned for follow up investigation in order to find out whether it is likely that violation has in fact took place (EEOC's Charge Processing Procedures, 2003). Secondly, EEOC may settle Johns charge in case both John's employee and John express the interest in doing so. Otherwise, EEOC will continue investigation. Thirdly, during the investigation, EEOC may review documents; interview people involved, or make written requests for information. After that, EEOC will discuss the evidence with John or his employee, as appropriate. Thirdly, Johns charge can be selected for the mediation program, in case both John and his employee express the interest in doing so.
In case mediation will fail, the charge is returned back for further investigation (EEOC's Charge Processing Procedures, 2003). Fourthly, it should be take into consideration that the charge can be dismissed at any point of it, in case EEOC fails to establish a violation of the law. In case the charge will be dismissed, John is given a notice in compliance with which John has 90 days to file a lawsuit on his own. In case the evidence obtained by EEOC during the initial investigation fails to prove the fact of discrimination, the third party will be given a notice. In this case John will have 90 days to file a lawsuit on his own. Otherwise, in case the EEOC will establish that discrimination occurred, both John and his employee will be given a notice (EEOC's Charge Processing Procedures, 2003).
After that, the Equal Employment Opportunity Commission will contact Johns employee to find the most appropriate solution to resolve this issue. If the case will be successfully conciliated, no further investigation or going to court occurs. Otherwise, the suit will be brought in federal court. It should be taken into account that the process of filing a discrimination complaint and further investigation is quite lengthy and the companies should develop an ethical policy to ensure its employees are valued and no discrimination practices are tolerated. References EEOC's Charge Processing Procedures. (2003, August 13). Retrieved June 30, 2008, from The U.
S. Equal Employment Opportunity Commission: web Filing a Charge of Employment Discrimination. (2007, December 20). Retrieved June 30, 2008, from The U. S.
Equal Employment Opportunity Commission: web
Free research essays on topics related to: u s equal employment opportunity, private sector, equal pay act, employment discrimination, equal employment opportunity commission
Research essay sample on Equal Employment Opportunity Commission Equal Pay Act