Legal Process

In the case of John filing a discrimination complaint against his employer there are certain steps he has to follow. When an employee of a private sector organization believes that they have been discriminated against, they can file a charge or claim with the Equal Employment Opportunity Commission (EEOC). Private sector employee claims must be filed within 180 days of the event, after the complaint is filed with the Equal Employment Opportunity Commission (EEOC), within 10 days the employer is served notice of the charge (Bennett-Alexander)

Discrimination can be defined as the “treatment or consideration based on class or category rather than individual merit and / or unfair treatment of a person or group on the basis of prejudice” (http://www.dictionary.com). Employers have to be careful concerning the treatment of their employees not only in the hiring and termination process, but in day-to-day business as well.

Title VII of the Civil Rights Act of 1964 was designed to protect the rights of employees against job discrimination. Since its inception the workplace has drastically changed, the Civil Rights Act applies to both federal (public) and private sector organizations. The act set a precedence that led to passages of additional amendments such as the Equal Opportunity Act of 1972, this act provided the support of law enforcement through the Equal Employment Opportunity Commission (EEOC). The Equal Employment Opportunity Commission (EEOC) is one of several federal agencies responsible for enforcing equal employment opportunity (EEO) laws. Under title VII of the Civil Rights Act of 1964, Equal Employment Opportunity Commission (EEOC) investigates and may litigate, on its own behalf or on behalf of the charging party for charges of employment discrimination because of race , color, religion, sex, or national origin, employers with fifteen (15) or more employees. Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against individuals who are forty-years of age or older, applies to employers with twenty (20) or more employees. Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities, applies to employers with fifteen (15) or more employees. Equal Pay Act of 1963 (EPA) prohibits wage discrimination between men and women in substantially equal jobs within the same establishment, applies to most employers with one or more employees (www.eeoc.gov.).

An employee with a discrimination complaint against his or her employer will begin his or her journey of reconciliation with the Equal Employment Opportunity Commission (EEOC). The Equal Employment Opportunity Commission (EEOC) made up of five commissioners and a General Counsel appointed by the President and confirmed by the Senate. The collective Equal Employment Opportunity Commission (EEOC) is responsible for the enforcement and litigation process of the Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

Based on the initial evidence, the Equal Employment Opportunity Commission (EEOC) will determine if a priority investigation will be assigned. For charges that support a violation of a law, a higher priority is set, for charges not so obvious; a follow-up investigation will be needed. A settlement can be sought at anytime during the investigation, but if no settlement can be found, the investigation continues. When the Equal Employment Opportunity Commission (EEOC)