Discrimination Complaint and Civil Litigation Process.

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†¦show more content†¦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 Sheriffs 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 bothShow MoreRelatedEmployment Law: Legal Process for a Discrimination Complaint1424 Words   |  6 PagesEmployment Law: Legal Process for a Discrimination Complaint The purpose of this assignment is two-fold: (1) analyze a scenario in which an employee wishes to file a discrimination complaint against his/her private sector organization and (2) explain the civil litigation process for such a claim. Litigation refers to the process by which cases are brought and prosecuted in the court system (Legal Advice for Free, 2005a). In the case of a discrimination suit, the civil litigation process begins with filingRead MoreEssay on Employment Law1310 Words   |  6 Pagesaddress employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act o f 1964 (42 U.S.CRead MoreThe Perspective Of A Human Resource Manager964 Words   |  4 Pages2014 â€Å"had 88,778 charges of workplace discrimination† (EEOC, 2015). In contrast, the comparatively low number of cases publicized is a testament to the efficiency of the EEOC’s processes. The EEOC is not out to get employers, but was â€Å"Established to administer and enforce the Civil Rights Act at work† (Dessler, 2015, p. 28). The EEOC’s processes are well defined, fair and offer various options and opportunities that can lead to resolution rather than litigation. They are an impartial body, just asRead MoreOverview of Equal Employment Opportunity Commission1006 Words   |  4 Pagesemployees are protected against any form of discrimination. This text concerns itself with a typical discrimination complaint and the civil litigation process the same would follow. In so doing, the paper will amongst other things also highlight the Equal Employment Opport unity Commission (EEOC) process. Discussion It is important to note from the onset that the U.S. Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination (EEOC, 2012). Thus employees who areRead MoreLegal Implications Of Todays School Climate Are Real1730 Words   |  7 PagesLegal implications in today’s school climate are real. Regardless of proactive training methods, the necessity of having a legal confidant at the disposal central administration office cannot be denied. From employment discrimination laws, Americans with Disabilities Act, Title IX, and a slew of individual student issues, having a retained law firm available to the superintendent and related staff is a necessary practice. Andrew Manna represents a variety of school districts around IndianapolisRead MoreLegal, Safety, and Regulatory Requirements Paper775 Words   |  4 Pageslegal responsibility to uphold a workplace free of such harms. With the falling trend of the EEO, and the records of complaints t hat are reported in the years; businesses should not ignore the issue of sexual harassment in the workplace. In addition, putting proper guidelines and, measures in place does help. Orientation and incessant sporadic training are the best ways to avert litigation problems from happening. The article that Sarah read also points out that embracing a sexual harassment policyRead MoreTexas Labor Code Anti Discrimination Provisions1467 Words   |  6 PagesTexas Labor Code Anti-Discrimination Provisions Texas has its own laws for employment discrimination but employers who abide by the federal statute will be safe under the Texas state law as well. The reason for this is that the Texas Labor Code Anti-Discrimination Provisions are parallel with the Federal Discrimination guidelines. However, there is a trend throughout cities and counties within America that allow these local municipalities to have their own ordinances. In Texas, local government canRead MoreEeoc Presentation788 Words   |  4 Pageswas established shortly after the passage of the Civil Rights Acts of 1964 by the US federal agency empowered by Congress. The EEOC is to enforce the laws prohibiting discrimination in the workplace. The EEOC was giving the right to oversee the practices of private and government employers to combat discrimination (What Is The Equal Employment Opportunity Commission (eeoc)?†, 2012). The EEOC wins cases based on sexual harassment, discrimination, racial profiling, and other employ ment cases dailyRead MoreCase Analysis : V The City Of Chicago Case No866 Words   |  4 Pagesaction litigations in the workplace. As told within the case, it allowed for a settlement agreement. There was a guilty verdict on charges of gender discrimination. The court pointed out on the inconsistency of the ruling in this case due to the relation to the constitutional necessities of the Title VII of the Equal Employment Act. The court placed a ban because of this result. All physical ability tests relating to the career of becoming a fire fighter would be no more based on the process of preRead MoreEssay about Civil Rights and Equal Employment Opportunity1121 Words   |  5 Pagesthe idea of discrimination, and the turmoil our country once faced in its efforts to end the intolerant treatment of our fellow Americans. Part of this is due to the massive strides our country has taken since the Civil Rights Act of 1964 took effect nearly 50 years ago. Our current President is of A frican American decent, we not only have women sitting on the U.S. Supreme Court, but minority Justices as well. Still, with the leaps and bounds we as a country have made, discrimination still exists