Disparate Impact/disparate Treatment

Legal Process Paper

John intends to file a complaint of discrimination against his employer. The employer is of a private sector organization. Based on John’s scenario I will discuss in this paper the process of filing for discrimination. I will also explain how the complaint begins with the Equal Employment Opportunity Commission or EEOC and proceeds through the Civil litigation process from the state level up to the Supreme Courts. Provided within this paper I will also describe the several types of discriminations.

Discrimination Filing Process

The process for filing a discrimination complaint begins with contacting the Equal Employment Opportunity Commission. Any individual who believes that his or her employment rights have been violated may file a complaint. In addition an individual, organization, or agency may file for a charge on behalf of another person in order to protect the person’s identity. The information that must be provided by the complainant are as follows; the name, address, and telephone number of the employer, employment agency, or union that the complaint was filed against. They must also provide the number of employees or union members, if known, and the date or dates of the alleged violation or violations. A charge must be filed with the Equal Employment Commission within 180 days of the date of the violation or violations. This 180-day deadline is extended to 300 days if a state or local anti-discrimination law also covers the charges that are filed. If any charges are file for the Age Discrimination in Employment Act, the state law extends the filing limit to 300 days. Time limits do not apply for claims that are under the Equal Pay Act because the person filing does not have to file with the Equal Employment Opportunity Commission before going to court first. Some cases may raise Title VII sex discrimination issues so it is advisable to file charges under both laws within the time limits. Filing a Charge (2006 p2 para. 1). Once the Equal Employment Opportunity Commission receives the complaint the employer is notified that the charge or charges have been filed. A charge may be assigned for priority if the initial facts appeared to substantiate a law violation. The EEOC can seek to settle a charge at any stage of the investigation through mediation should the charging party and employer agrees to mediate. If an agreement cannot be reached the investigation will continue. If the Equal Employment Opportunity Commission determines through investigation that a law was not violated, the charge or charges will be dismissed. If the Equal Employment Opportunity Commission is unable to conciliate the case the Equal Employment Opportunity Commission will decide whether to bring suit in federal court. In Title VII Civil Rights Act and the American Disabilities Act cases against state and local governments, the Department of Justice takes these actions How Does EEOC Resolve (2006 p 2 para 4).

Types of Discriminations

There are several types of discrimination that include the following; Age, Disability, Equal Pay and Compensation, National origin, Pregnancy, Race, Color, Religion, Retaliation, Sex and Sexual Harassment. The first type of discrimination is age. The Age Discrimination Employment Act or ADEA protects individuals who are 40 years or older from employment discrimination based on age. The American with Disabilities Act Title I prohibit private employers, state and local governments, employment agencies and labor unions from discriminating against individuals with disabilities in application procedures, hiring, firings advancements compensation, job training and other terms or conditions of employment. The Equal Pay Act requires that men and women be given equal pay for equal work in the same workforce. Under the Title VII of the Civil Rights Act of 1964 no employer may discriminate an employee on the basis of National Origin