Discrimination Complaint and Civil Litigation Process Essay Sample
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Discrimination Complaint and Civil Litigation Process Essay Sample
This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.
John works for a private sector business and want to file a discrimination charge against his employer. Is John able to lodge a complaint? The Equal Employment Opportunity Commission websites 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.” The following is the required information needed to file the charge: the personal information, like the name, telephone number, and address of the complainant, company information – name and number of employees, a brief statement describing why the complainant feels their rights were violated, times and dates that the alleged violation occurred ((www.eeoc.gov, 2003) .
The initial step in this process is to get in touch with an Equal Employment Opportunity Commission counselor. This is so that the charging employee can receive counseling of what to expect and what is required. Any person can file the allegation or charge by mail or face to face at the closest office of the Equal Employment Opportunity Commission Office. If a accommodation is required before filing a charge, for example a accommodation for a person whose has hearing or sight disabilities, the Equal Employment Opportunity Commission Office field office should notified, so proper preparations will be made. Another fact that is important to know is that there are strict time limits that have to be adhered to. The Equal Employment Opportunity Commission must receive the documentation of charge within 180 days of the
complainant’s alleged violation. This time limit is important to defend the rights of the charging party. An extension of from 108 days to 300 days can be granted if allegation is also covered by the local anti-discrimination or state laws (www.eeoc.gov, 2003).
After the charge has been made the next stage is the notification of the employer. If the preliminary information is supporting the claim that laws were violated, the charge could be assigned for investigation with priority. If the gathered data is not supporting the charge made then charge could be assigned for follow up investigation to determine if any violation has happened. Equal Employment Opportunity Commission can settle a charge when both the employer and employee show an interest in settling, regardless of the stage on investigation. However if the settlement is unsuccessful the Equal Employment Opportunity Commission office will continue with the investigation. With this investigation the Equal Employment Opportunity Commission may examine documents, send printed requests for facts, question employees or other people, and pay a visit to the business location. After the investigation is finished, the Equal Employment Opportunity Commission office will explain the finding to both the employer and the charging employee (www.eeoc.gov, 2003)
Another path for the complaint or charge to take could be for the Equal Employment Opportunity Commission office to enter the charge into the mediation program, only if both the employer and the charging employee agree. This is a cost effective program that can be productive to both parties. Or the charge could be dismissed if the Equal Employment Opportunity Commission office could not find support to show any violation took place. After a charge is rejected, both parties will receive a notice stating this. This is allowing the charging employee a 90 day time limit, to decide if they which to file a lawsuit against the employer (www.eeoc.gov, 2003).
The charging employee has the right to pursue their grievance in civil litigation, but only after finishing the whole administrative procedure through the Equal Employment Opportunity Commission office. The processes of
the civil litigation lawsuit are familiar to the prior claim processes that the charging employee experienced with the Equal Employment Opportunity Commission. Nonetheless, there are a few steps that are different. With civil litigation, counseling of the charging employee is not needed. The employer or the defendant will be given a copy of the complaint as well as the summons of the lawsuit pending. These documents are distributed to the employer by a representative from the Sheriff’s division. A ruling can be delivered a judge if the company neglects to send a reply to the complaint and summons. The progression moves forward with “discovery “when the company or defendant responds. The “discovery” stage is when both parties have to reveal documents or facts pertaining to the grievance (www.uscourts.gov, 2005).
At this point, the judge will try to resolve the complaint with the attorneys, in the pre-trial meeting. This could avoid a lengthy trial. If a settlement cannot be reached between both attorneys the grievance will go to trial. The outcome of the trial could vary, the employee could win or the company could win. Either conclusion could lead to an appeal. Appealing any case could be a costly and time consuming plan, one that can lead all the way to the U.S. Supreme Court (www.uscourts.gov, 2005).
This paper described an outline of the complaint process and illustrates the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. This paper explained the steps that were taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission, continued the process through the civil litigation steps and concluded on the highest level of the United States Supreme Courts. Resolving discriminatory complaints has been shown to be a time consuming process, whether it be through the EEOC or civil litigation. When possible it is in everyone’s best interest to try and resolve complaints through the Equal Employment Opportunity Commission. However, when that is not possible it is important to have the civil litigation choice.