Legal Process Paper

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. When an employee perceives he or she has been discriminated against by his or her employer, there is a legal process that must be followed. This process starts with the Equal Employment Opportunity Commission and may go as high as the United States Supreme Court.

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 EEOC is made up of five commissioners and a General Counsel appointed by the President and confirmed by the Senate. The collective 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. The EEOC states, “Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity” (Filing a charge, 2003). An employee with a discrimination complaint that falls under the laws enforced by the EEOC, with the exception of the Equal Pay Act, must be filed with the EEOC before a lawsuit may be presented to the court system. If there is a local “Fair Employment Practices Agency” (FEPA) (Filing a charge, 2003), the discrimination charge may be filed with the FEPA which will dual file with the EEOC if federal laws apply to the discrimination charge. This will ensure the rights of the charging party is protected under both state and federal law.

From the outset of the initial filing of the discrimination complaint, the EEOC will notify the employer a charge has been filed. Based on the initial evidence, the 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 EEOC has finished an investigation, the information will be discussed with the charging party and the employer. At this time options are considered on how to proceed with the discrimination complaint. The EEOC may dismiss the charges if further investigation will not produce any evidence that a violation of the law has occurred or if discrimination has been established, the EEOC will inform the employer and attempt a resolution between the charging party and employer. If a resolution is not found, the EEOC will decide whether or not to file suit in a federal court, if not, either party has a limited time table of 90 days in which to file a law suit.

An alternative to filing suit in the court of law, a discrimination charge may be a good candidate for the EEOC mediation program. The mediation process is completely voluntary by both the employer and complainant, in which a third party will facilitate the opposing parties’ negotiation process to reach a resolution. This gives both parties an informal platform to work out their issues, differences and misunderstandings. It is important to know the mediator does not resolve the issue, but helps the parties agree to a common resolution that will benefit both the employer and employee. The mediation process