Employment Law Legal Process for a Discrimination Complaint

Employment Law: Legal Process for a Discrimination Complaint The purpose of this assignment is two-fold: (1) analyze a scenario in which an employee wishes to file a discrimination complaint against his/her private sector organization and (2) explain the civil litigation process for such a claim. Litigation refers to the process by which cases are brought and prosecuted in the court system (Legal Advice for Free, 2005a). In the case of a discrimination suit, the civil litigation process begins with filing the complaint with the Equal Employment Opportunity Commission (EEOC) and, if necessary, proceeds from the state level up to the United States Supreme Court. Analyzing the Scenario Scenario: John is an employee in a private†¦show more content†¦89). • Step Three: The EEOC refers the opposing parties to mediation. To filter out invalid claims and to save litigation costs, the EEOC recommends mediation between the two parties. Each party has 10 days to respond to the mediation referral; if both parties agree then mediation begins within 45 to 60 days depending on the method of mediation, whether it is handled externally or internally (p. 90). • Step Four: The EEOC investigates the claim. If mediation is rejected or unsuccessful, the EEOC will investigate the claim by interviewing the employer, employee, and any witnesses to determine if there is reasonable cause (p. 90). • Step Five: Reasonable or no-reasonable cause findings. If reasonable cause exists, the EEOC recommends conciliation. Similar to step one, the parties are given another chance to settle the dispute outside of court. The majority of claims filed with the EEOC are adequately disposed of at this stage of the proceedings (Bennett-Alexander, 2003, p. 90). If the EEOC finds no reasonable cause exists (there is no reasonable basis for the illegal act of discrimination), the employee (plaintiff) is notified of the right-to-sue. The employee has 90 days to bring the charges to court for judicial review. • Step Six: Taking the case to federal court. Once the EEOC has completed its handing of the case and if the plaintiff proceeds by filing the charges with the federalShow MoreRelatedEssay on Employment Law1310 Words   |  6 PagesEmployment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is TitleRead MoreLegal Process Paper1254 Words   |  6 PagesLegal Process Paper University of Phoenix Employment Law MGT/434 Patrice D. Carrington, Esq. March 3, 2009 Legal Process Paper John’s first step in the process is to go online or visit the nearest EEOC office. There they have an assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to give John help, Part one asks general questions about the complaint. John will be asked if he wants to complete Part two after he answers the Part one questionsRead MoreQuestions On Employment Law Questions934 Words   |  4 Pages Employment law questions Name Professor Institution Course Name â€Æ' As an employer, there are several ways of preventing harassment of workers on bases of the race they belong to. This can be by adopting strong anti-harassment policy. This should be clear to the workers and very strict measures being put against those who fall in the case. Periodically, training employees on the impacts of racial segregation is also very essential thus making them aware of the harassments and their impacts. EmployersRead MoreLegal, Safety, and Regulatory Requirements Paper775 Words   |  4 PagesLegal, Safety, and Regulatory Requirements Paper Sarah Falsey HCS/341 December 3, 2012 Jasline Knox Legal, Safety, and Regulatory Requirements Paper With respects to prevention it is imperative to the legal materials than it is to looking at solving complications after the fact for one’s that are existing. Preventive measures (PM) are a better alternative than trying to fix complications. When establishments do not take the Equal Employment Opportunity (EEO) laws seriously, and they do notRead MoreLegal Implications Of Todays School Climate Are Real1730 Words   |  7 PagesLegal implications in today’s school climate are real. Regardless of proactive training methods, the necessity of having a legal confidant at the disposal central administration office cannot be denied. From employment discrimination laws, Americans with Disabilities Act, Title IX, and a slew of individual student issues, having a retained law firm available to the superintendent and related staff is a necessary practice. Andrew Manna represents a variety of school districts around IndianapolisRead MoreLegal Process Paper1233 Words   |  5 PagesLegal Process Paper John’s first step in the process is to go online or visit the nearest EEOC office. There they have an assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to give John help, Part one asks general questions about the complaint. John will be asked if he wants to complete Part two after he answers the Part one questions which will ask more specific questions about his situation and will allow him to submit this information to the EEOCRead MoreAge Discrimination in Employment Act of 19671647 Words   |  7 Pagesis age discrimination within the workplace. The Age Discrimination in Employment Act (ADEA) of 1967 forbids employment discrimination on the basis of age. Through a detailed explanation and history of the law, this paper will examine how ADEA affects the professionals in the workplace, human resources, managers, and employers in the workplace. It will further examine how the employee is affected by ADEA. This includes what their r ights are and how they can make a complaint. Lastly, a legal case willRead MoreWorkplace Discrimination : Discrimination And Discrimination1205 Words   |  5 Pages Workplace Discrimination Employment discrimination manifests in a variety of forms. The most common scenario is when the employer unfairly treats job applicants and employees because of their gender, race, age, disability, nationality or familial status. Often, employment discrimination that emanates from familial status occurs because of events such as pregnancy. The employers usually take adverse and cruel actions against these employees or rather potential employees. Contextually, adverse actionRead MoreOverview of Equal Employment Opportunity Commission1006 Words   |  4 Pagesemployees are protected against any form of discrimination. This text concerns itself with a typical discrimination complaint and the civil litigation process the same would follow. In so doing, the paper will amongst other things also highlight the Equal Employment Opportunity Commission (EEOC) process. Discussion It is important to note from the onset that the U.S. Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination (EEOC, 2012). Thus employees who areRead MoreThe Legal Management of Employees in the Hospitality Industry1418 Words   |  6 PagesEmployees: The legal management of employees in the hospitality industry is a process that is mainly based on the development of employee relationships. Notably, the establishment of employee relationships commences after the legal selection of the employees for the organization. Employee relationships are generally developed through clarification of the conditions of the employment agreement with the employee. Actually, every employer and employee is required to have employment agreement with each