Legal Process

John works in a private sector organization. He for some reason or another feels discriminated at his work place. This statement does not explain or does not give any full scenario to determine whenever the place he works for is discriminating him some way or another. This paper will explain in detail into how to file a discrimination complaint starting from the EEOC (Equal Employment Opportunity Commission through

the Supreme Court.

It's against the law for an employer to discriminate against anyone because of race, religion, country of origin, nationality, ethnic group, gender, sexuality or disability. Sometimes discrimination at work is obvious. If someone is not treated as well as someone else because of something like skin color or gender, it's referred to as direct discrimination. But discrimination can also be subtler; imagine a job description that unfairly limits the chances of people from one sex or a particular ethnic group, for example. This is called indirect discrimination.

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. A charge may be filed by mail or in person at the nearest EEOC office. Individuals who need an accommodation in order to file a charge should inform the EEOC field office so appropriate arrangements can be made. (EEOC, 2003, ¶1)

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed: A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days. These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated. To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected. (EEOC, 2003, ¶4)

Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law. If a charge is filed with EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling. (EEOC, 2003, ¶5)

A non-satisfied complainant may appeal to EEOC an agency's final action within 30 days of receipt. The agency may appeal a decision by an EEOC administrative judge within 40 days of receiving the administrative judge's decision. This applies only to public sector employees (federal employees). On class complaints, a class agent may appeal an agency's final decision on the merits of the class complaint within 30 days from receipt, or a class member may appeal the final decision on his or her claim for individual relief within 30 days from receipt of the final decision. If the complaint is a "mixed case," the complainant may appeal the final agency decision to the MSPB or ask the Board for a hearing. Once the Board issues its decision on the complaint, the complainant may petition EEOC for review of the Board decision concerning the claim(s) of discrimination.

The Employment Litigation Section, through its right to sue unit, issues notices of right to sue requested by charging parties, upon receipt of appropriate documentation from the EEOC, on charges that have been filed with the EEOC against state and local government employers