John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. Write answer explaining the discrimination complaint and civil litigation processes.
Explain 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.
References: EEOC Web site at: http://www.eeoc.gov,
U.S. Court System Web site at: http://www.uscourts.gov
The first step in determining how to proceed with a discrimination suit in US Courts is to first determine what type of discrimination has occured.
This includes determining if he can make a federal claim. The US Constitution has been interpreted to guarantee that persons have a right to be protected from discrimination in the workplace based on generally four areas: age, race/ethnicity, religion, and gender. Your hypothetical does not provide facts that would indicate what basis John may have a claim. Perhaps he is an elderly gentlemean fired due to age. Or, although rare, a white/caucasian male could make a claim for reverse-discrimination. In any event, we will assume he has a colorable claim for the rest of the discussion.
The second issue that should be explored, is determining whether John can make any discrimination claims under State law. The Federal guarantees serve as a floor with respect to rights. It is possible that an specific State Constitution could confer additional rights or identify additional groups in need of protection. Check your local jurisdiction's laws.
For the remainder of this discussion, we will assume that there are only colorable claims under federal law.
Under Federal law, A litigant is required to pursue all administrative law remedies before filing a law suit in a federal court.
The EEOC provides such an administrative remedy, and should therefore be sought in the local jurisdiction where the complainant lives or works.
The EEOC website states that a complaint should be filed withthe local office including the following information:
The complaining party's name, address, and telephone number;
The name, address, and telephone number of the respondent employer, ...
This tutorial discusses the steps and requirements for bringing a discrimination suit in US Courts in approximately 1000 words.