Legal Process Paper

Discrimination in the workplace is a very touchy subject for some people. If a person feels that they have been discriminated against then several federal laws have been placed into effect for protection. In the hiring and terminating process, employers need to be fully aware of the correct legal course of action to avoid discrimination practices. John is an employee in a private sector organization that has strong resistance to enforcement of existing discrimination laws. He wants to file a discrimination complaint against his employer. Based on this scenario, the entire discrimination complaint and civil litigation process will be discussed as it applies to an employee and employer in the private sector organization.

John filing a discrimination complaint against his employer must follow certain steps or a particular process. When an employee of a private sector organization believes that he or she have been discriminated against, the person can file a charge or claim with the Equal Employment Opportunity Commission (EEOC). Private sector employee claims must be filed within 180 days of the actual incident, after the complaint is filed with EEOC, within 10 days the employer is served notice of the charge (Author Unknown, 2008).

John's discrimination complaint against his employer will begin the journey with the EEOC. The EEOC is made up of five commissioners and a General Counsel appointed by the President and confirmed by the Senate. The 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 (Author Unknown, 2008). 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 that are not so obvious to identify; 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