Legal Process Paper

Legal Process

Discrimination occurs when an employer adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, or religion, just to name a few. John who is employed by a private sector organization wants to file a discrimination complaint against his employer. In order for John to file a discrimination complaint against his employer, the employer must be in violation of a specific state or federal law. This paper covers the process of discrimination complaint and civil litigation. This paper also covers 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.

John can file a charge of discrimination with EEOC if he believes that his employment rights have been violated. John would need to ensure that he files the charge with EEOC with in 180 days from the date of alleged violation. For example, let us assume John was discriminated against due to his disability. John would be considered disable if he had a physical or mental impairment that substantially limits one or more major life activities, if he has a record of such impairment, or if he is regarded as having such impairment. Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities from job application process, to hiring, firing, advancement, compensation, and job training. (Retrieved from http://www.eeoc.gov/types/ada.html) If John believed he was discriminated in any one of these areas he would first need to file a charge of discrimination with the EEOC.

John can file the charge by mail or in person at an EEOC office. He would need to provide EEOC with his name, address, and telephone as well as the name, address, and telephone number of the respondent employer. John would also need to provide a short description of the alleged violation and the date or dates of the alleged violations. (Retrieved from http://www.eeoc.gov/charge/overview_charge_filing.html)

Once EEOC has received John’s Charges against his employer EEOC will notify John’s Employer. There are many different way that EEOC handle charges depending on the seriousness of the case. The EEOC will first investigate the charge to determine whether violation has occurred. EEOC will try to settle a charge at any state of the investigation if John and the employer express to do so. EEOC may request information, they may interview people, review documents, and/or visit the facility if needed. Once the investigation is completed EEOC will discuss the evidence with John or his employer, as appropriate. If the evidence establishes that discrimination has occurred, John and his employer will be informed in a letter along with the explanations of the findings. The charges can then be selected for mediation program if both John and his employer wish to. If the case is not successfully conciliated, EEOC can bring suit in federal court or may decide not to sue. The EEOC will issue a notice closing the case if the EEOC decides not to sue. John will then have 90 days in which he can file a lawsuit on his behalf.

Once John decides to take the case to court the litigation process will began. It starts all over with a complaint. John will need to file a complaint with the court and sends a copy of the complaint to his employer as a summons. His employers will be given a specific amount of time to file their answer