Discrimination Complaint Process

Discrimination Complaint Process

Complaints of discrimination should be taken seriously in any type of organization. No employee can be discriminated against due to his/her protected class such as: race, color, religion, sex, national origin, age, handicap, sexual orientation or due to reprisal (No FEAR Act). The No Fear Act, with an effective date of October 1, 2003, requires that Federal agencies be more accountable for violations of anti-discrimination and whistleblower protection laws.

This paper will discuss about the process or steps taken when filling a discrimination complaint and the civil litigation process in an organization in the private sector.

Before we start, we must examine the laws that are enforced by the U.S. Equal Employment Opportunity Commission (EEOC), and these are:

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

• The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

• The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and

• The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

(http://www.eeoc.gov/)

For our case scenario we are going to be focusing more on the first one, Title VII. Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

We can find four primary phases in the EEO discrimination complaint process. The administrative process of the EEOC encapsulates the first three phases, informal/counseling, formal complaint, and appeal. The final phase starts the judicial process.

These phases are hierarchical, meaning one phase must usually be exhausted before the next phase can be started. A complaint that does not follow this hierarchy will be remanded to an earlier phase. If specific time limits under EEOC regulations have been exceeded, your complaint may continue on to the next phase.

In order for the process to operate effectively, it requires the full cooperation of all parties concerned. Each stage of the process is confidential and the utmost discretion must be exercised regarding the use of information obtained.

John, from our case scenario, must start by going though the first stage in the process, which is trying to resolve his EEO related problem on an informal basis, in a short period of time, if possible. John can initiate this by contacting the Office for Civil Rights, Enforcement, & Environmental Justice (OCREEJ) within 45 calendar days of the alleged discriminatory action.

There is a limited inquiry into the matter to identify issues and bases, gather information for settlement efforts, and determine jurisdictional questions if a formal complaint is filed. If the matter is resolved informally, a written agreement is signed. Otherwise, there are only 30 calendar days for the problem to be resolved before a "Notice of Right to File a Discrimination Complaint" is issued. This notice advises the complainant of his/her right to file a formal complaint within 15 calendar days of receipt of the notice, the appropriate official with whom to file a complaint, the complainant's duty to immediately inform the Agency if the complainant retains counsel or a representative.

If the problem is not resolved within the first stage, then John must continue to the next step. A formal complaint of discrimination must be filed in writing; must be specific with regard to the matter or matters on which the complainant received EEO counseling (the complainant cannot expand the complaint to include additional issues or allegations on which he/she did not receive counseling); must be signed by complainant or complainant's attorney; must be filed within 15 calendar days from the