Mgt 434 - Discrimination Complaint Process

Running head: DESCRIMINATION COMPLAINT PROCESS

The Discrimination Complaint Process

Al Patterson

University of Phoenix

MGT 434: Employment Law

November 200x

The Discrimination Complaint Process

John Doe feels he was discriminated against by his employer, Coyote Weapons Corporation (CWC), due to his age. John is a mid-level manager for CWC and is approaching the mandatory age of retirement. CWC is an international manufacturer of low-end weapons of dubious reliability. The factors leading to John’s complaint are his repeated requests for training being denied and now his being passed over for promotion. John has always received high marks for performance, both for himself and his workgroup. John’s next promotion will propel him into the executive pay category and will carry an increase in pay and greater benefits covered during his retirement. The following text outlines the discrimination complaint and civil litigation processes John faces in the months ahead.

Filing the Complaint

First, John needs to decide to file an official complaint of discrimination under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission (EEOC). A discrimination complaint must be filed in person or by mail within 180 days of the alleged violation. Once filed, John becomes the claimant and his employer, CWC, becomes the respondent. Notice of the complaint is provided the respondent within 10 days of filing. John could have also filed his complaint with the local Fair Employment Practices Agency (FEPA) but he decided to file directly with the EEOC. According the EEOC’s website, the EEOC will file a dual claim with the local FEPA when the complaint is also covered under local or state law in an effort to avoid duplication of work. The EEOC will wait 60 days after filing the dual claim before it will proceed with the complaint. The EEOC will next review the case to determine if it is a candidate for mediation. A case cannot be complex or considered weak to be a candidate for mediation. If applicable, then an attempt of mediation will be the next step. If not, then the EEOC will proceed to investigation.

Mediation

Parties will be informed in writing of their option to select mediation as a course of settlement. They each have 10 days to accept the offer of mediation. If accepted, an agreement must be reached within 60 days. Mediation is a voluntary course of action using an uninvolved third party to broker a deal between the complainant and respondent (Bennett-Alexander & Hartman, 2004). The mediator does not decide the validity of the charge but rather assists the parties in reaching a mutually acceptable agreement. If both parties agree, the mediation agreement becomes binding. If the parties do not agree, the complaint follows the next step in the complaint process, investigation.

Investigation

According to the EEOC website, during an investigation of a complaint, the EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. The average length of an investigation is 182 days. At the conclusion of the investigation, a determination of reasonable cause or no reasonable cause will be made. Either party has the right to ask the EEOC to reconsider its determination.

After the Determination

If a determination of no reasonable cause has been made, the complainant will be provided a ‘right-to-sue’ letter. This letter affords the employee the ability to sue the employer in civil court within 90 days from the date of the letter. If a determination of reasonable cause has been made, the EEOC will pursue conciliation. Conciliation gives the respondent the opportunity to resolve the charge in an informal manner. During conciliation, the investigator will provide the facts leading to the determination of reasonable cause for the discrimination complaint and will work with both parties toward a suitable resolution. This is the final stage before litigation. If no conciliation agreement is reached, the EEOC is empowered to file suit against the respondent in federal court.

Civil