Discrimination Complaints and Disputes Paper

When it comes to any type of discrimination suit filed in a work-related connection, the first thing that comes to most peoples' minds is that this is a matter for a courtroom and a jury. The assumption for this, likely as not, is an outgrowth of the Clarence Thomas Supreme Court hearings from 1991, during which former associate Anita Hill accused Thomas, a Supreme Court Justice nominee, of sexual harassment. Because of that, almost everyone believes that most discrimination or harassment suits end up in civil court, no matter what. The truth is, however, that depending on the state in which the plaintiff resides, a discrimination or harassment suit in the workplace must take its path from reporting the problem to the appropriate place a the place of employment, then a file through the Equal Employment Opportunity Commission (EEOC), then through whatever state agency there is (typically a state-wide department of human rights). Only after all of those remedies are exhausted, can litigation go through the court system. In fact, it's explanatory on the EEOC's Web site that before a private lawsuit is filed in court; a charge needs to be filed with the EEOC (The U.S. Equal Employment Opportunity Commission, 2003).

In this particular case, the potential plaintiff is a man by the name of John, who is an employee in a private sector organization. John, who believes he has been discriminated against, wants to file a complaint against his employer. We'll assume, for purposes of this paper that John has already been to his boss, and to the human resources department of his company to file a complaint, because this is what many experts recommend when it comes to filing complaints in terms of harassment or discrimination.

We'll also assume that John has documented all of this in writing, as again, experts recommend that such information needs to be in writing. In addition, most of the agencies we'll be discussing need such information. According to the EEOC, any individual who believes that his or her employment rights have been violated or tampered with in any way is allowed to file a charge of discrimination with the EEOC (The U.S. Equal Employment Opportunity Commission, 2003). This, then, would be John's next step, to file a charge, either by mail or in person, at the nearest EEOC office. Within that complaint, he would need to issue his name, address and phone number, the name, address and telephone number of the employer/agency/union that is being charged with the act (and, if known, number of employees); and a short description of the perceived violation (as well as the date) (The U.S. Equal Employment Opportunity Commission, 2003).

But this is something John can't just sit on -- he has 180 days from the date of the alleged violation to file the complaint (though an extension can be issued if the charge is covered by a state or local anti-discrimination law as well) (The U.S. Equal Employment Opportunity Commission, 2003). John also needs to determine if his particular state has some type of agency that is responsible for enforcing a particular law, which the EEOC refers to as "Fair Employment Practices Agencies, or FEPAs (The U.S. Equal Employment Opportunity Commission, 2003). In fact, it's recommended that John file first with a FEPA, though if the charge violates federal law, the EEOC will "dual file" the charge with a state or local FEPA (The U.S. Equal Employment Opportunity Commission, 2003). An example of a FEPA would be the Illinois Department of Human Rights or the Texas Workforce Commission on Human Rights. Both of these agencies are charged with enforcing anti-discrimination and harassment laws. Once notice is filed with the EEOC, the employer is notified of the charge (The U.S. Equal Employment Opportunity Commission, 2003). The EEOC will investigate if the initial facts appear to support law violation -- and if the facts aren't quite as strong, follow-up research may take place (The U.S. Equal Employment Opportunity Commission, 2003). In addition, if the plaintiff and employer wish, they can participate in the EEOC's mediation program (The U.S. Equal Employment Opportunity Commission, 2003).

If the information obtained during the investigation doesn't point to discrimination, the plaintiff is informed, and a notice is issued that closes the case and allows the plaintiff 90 days to file a lawsuit on his/her own behalf (The U.S. Equal Employment Opportunity Commission, 2003). If evidence does point to discrimination, the employer and plaintiff will be notified, and the EEOC will work with the employer on remediation (The U.S. Equal Employment Opportunity Commission, 2003). If the case has been successfully mediated, neither the EEOC nor the plaintiff can file in court (unless mediation isn't honored); but if the EEOC can't conciliate the case, it does have the option