John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer.
Based on this scenario, prepare a response in which you analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer. In your response, be sure to explain in detail how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court. Also, be sure to include a discussion of other relevant aspects addressing discrimination complaints and disputes in the workplace.
In order to research your response, please use the following Websites as a source for information:
EEOC Web site at: http://www.eeoc.gov
U.S. Court System Web site at: http://www.uscourts.gov (search with the key words "litigation process, "mediation process," and "dispute resolution")
Please help with some ideas.© BrainMass Inc. brainmass.com October 9, 2019, 11:23 pm ad1c9bdddf
Let's take a closer look at the information from the websites that you can draw on. You will need to write this in your own words
In a nutshell, many states and localities have anti-discrimination laws and agencies responsible for enforcing discrimination laws. EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law. For example, if a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling. On the other hand, if a charge is filed with EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling. The case ONLY goes to the Supreme Courts if remedies have not been found or the remedies are found to be unsatisfactory by the plaintiff at the lower levels. (http://www.eeoc.gov/policy/laws.html)
Specifically, any individual who believes that his or her employment rights have been violated, like John, 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.
How will John file a discrimination charge?
John can do the following:
A charge may be filed by mail or in person at the nearest EEOC office.
Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing. http://www.eeoc.gov/policy/laws.html
John must have certain information to provide EEOC in order to file a charge, including:
The complaining party's name, address, and telephone number;
The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
The date(s) of the alleged violation(s). (http://www.eeoc.gov/policy/laws.html)
All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:
A charge must be filed with EEOC within 180 days from the date of the alleged violation, in ...