Ethical and Legal Duties

Discrimination Complaint

Tom Jones is an employee at Smith Systems Consulting Inc., a private sector organization, who wants to file a discrimination complaint against his employer. This is a long and tedious process that hopefully nobody will ever have to go through, except for Tom. In this paper I will be discussing and evaluate ethical and legal duties related to the Virtual Organization Smith Systems Consulting Inc., SSC. I will discuss how Tom Jones, an employee with SSC, files a discrimination complaint and civil litigation process. This will include how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level and up to the United States Supreme Court.

Title VII of the Civil Rights Act of 1964 is a very important piece of legislation that has started and helped get the employment law rights going in this country. Title VII of the Civil Rights Act of 1964 states that an employer shall not refuse to hire or discharge any individual due to that individuals religion, race, sex, color or national origin or to classify or segregate applicants in a way that would deprive an individual of employment opportunities. In November of 1991 President George Bush overhauled Title VII, which ended battles that have raged over the conservative decisions of the U.S. Supreme Court in civil rights cases. This renovation of the law only made it stronger and more effective which includes the Glass Ceiling Commission and establishing the National Award for Diversity and Excellence in American Executive Management (www.eeoc.gov).

Tom wants to file a discrimination complaint against his employer, SSC. Tom will need to begin first with filing a charge of discrimination with the EEOC in person at the nearest office or by mail. To file a charge, information of both parties involved must be provided including their names, addresses, and telephone numbers along with a short description of the alleged violation. The date of the alleged violation must be provided also. The date of the alleged violation is necessary because a charge must be filed with EEOC within one hundred and eighty days to protect the charging party’s rights (Filing p.1). This deadline is extended to three hundred days if a state or local anti-discrimination law also covers the charge (Filing p.1). These time limits do not apply to claims under the Equal Pay Act. The EEOC recommends that it is best to contact them promptly when discrimination is suspected (Filing p.1).

After the charge has been filed with all the correct information provided, the EOCC begins their investigation. The EOCC can settle a charge at any time during the investigation if there is an interest in doing so. The investigation may include written request for information, interviewing people, a review of documents, and a visit to the facility where the alleged discrimination occurred. The charge may be selected for mediation if the charging party and employer express interest in this option (EEOC p.1). The EOCC has the right to dismiss a charge at any point in time. If the EOCC is unable to conciliate the case, the agency will decide whether to bring suit in federal court (www.eeoc.com).

EEOC’s mediation program may be selected for the charge if both Tom and his employer express interest in doing so. This program is an alternative to a lengthy investigation. Participation in the mediation program is confidential,