Explore BrainMass

Civil Litigation Process which includes Alternate Dispute Resolution (ADR) and EEOC rulings.

This is to educate readers about the Civil Litigation Process which includes Alternate Dispute Resolution (ADR) and EEOC rulings.

Solution Preview

Civil Litigation Process
The enactment of Title VII of the Civil Rights Act of 1964 established what is deemed legal employment practices. The Equal Employment Opportunity Commission (EEOC) has been created to enforce the laws under Title VII. The law extends to all public and private sectors including federal/state agencies, educational institutions and labor unions. The EEOC addresses all claims of illegal workplace discrimination. Employers and its agents are prohibited from basing employment decisions on protected categories/groups. Race, religious creed, color, sex and other secondary characteristics (pregnancy, child birth, sexual orientation), physical/mental disability, medical conditions are examples of protected categories under the Civil Rights Act. Employers who use any one of these categories as a basis for recruitment/selection, promotion, discipline or benefits etc. are subject to legal action and penalty.
Equal Employment Opportunity Commission
In the event an employee or job applicant believes that he has been illegally discriminated by an employer, he has to first file a charge with EEOC prior to filing a lawsuit against the employer. Depending on the state a claimant has approximately 180 to 300 days from the time the alleged violation has occurred to file in person or in writing (Howard-Martin, 2002). The employee will be asked pertinent information surrounding the alleged violation. The employer will receive a notice of charge of discrimination from the EEOC. As part of its investigative process, EEOC will collect information from all parties and possible witnesses in writing and/or through an interview. After a thorough collection and evaluation of information, one of the following determinations will be issued by the EEOC:
? Dismissal
? Right to sue
? Cause finding wherein a settlement can be made or issue a letter of "right to sue" to the claimant.
Civil Litigation Process
Based on its findings, EEOC can file a complaint with the court on its own or on behalf o the employee. A private lawsuit will ...

Solution Summary

Extensive discussion (1,165 words)