Purchase Solution

the discrimination complaint and civil litigation processes

Not what you're looking for?

Ask Custom Question

John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. Based on this scenario how can you explain the discrimination complaint and civil litigation processes.

How does 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.

I have previously used info from EEOC Web site at: http://www.eeoc.gov, from the U.S. Court System Web site at: http://www.uscourts.gov, and by searching with the key words "litigation process, "mediation process," and "dispute resolution."

Purchase this Solution

Solution Summary

This job assesses discrimination complaints and civil litigation processes.

Solution Preview

John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. Based on this scenario how can you explain the discrimination complaint and civil litigation processes.

How does 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.

The Equal Employment Opportunity Commission ("EEOC") enforces Title VII against private employers. The Employment Litigation Section, Civil Rights Division, U.S. Department of Justice enforces Title VII against state and local government employers.
But individuals who believe they've been victims by any employer of discrimination prohibited by Title VII must file a charge of discrimination with the EEOC in order to protect their rights. The EEOC is responsible for investigating individual charges of discrimination alleging a violation of Title VII
Various federal laws protect you from discrimination in employment on the basis of race, color, sex, religion, national origin, age, or disability. Discrimination by employers with 15 or more employees is prohibited in all aspects of the hiring and employment process: job application, hiring, firing, promoting, training, wage earning, or any other terms, privileges, or conditions of employment provided or imposed by the employer.
If you believe that you have been discriminated against on any of these bases, you should contact the Equal Employment Opportunity Commission (EEOC) at:
Equal Employment Opportunity Commission
1801 L Street, NW
Washington, DC 20507
To file charges or reach a field office: (800) 669-4000
Information and publication center: (800) 669-3362
(202) 663-4900
TTY: (202) 663-4494
TTY: (800) 800-3302
www.eeoc.gov

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., prohibits discrimination in employment on the basis of race, sex, national origin and religion.
Race and Color
You cannot be denied equal employment opportunity because of your racial group or skin shade, or because you associate with members of some racial group.
National Origin
You cannot be denied equal employment opportunity because of your birthplace, ancestry, or culture, or because you have some intimate association with a specific ethnic group, such as marriage or a shared place of worship.
Likewise, you cannot be denied equal employment opportunity because of your accent or manner of speaking. If an employer believes that an English-proficiency rule is critical for business purposes, he or she must inform you of the rule and the consequences of its violation before applying the rule to you.
Religion
You cannot be denied equal employment opportunity because of your religious practices or beliefs. Religious practices include the exercise of moral and ethical beliefs held with the strength of religious beliefs. If you think your employer has a work requirement (such as a dress code or a work schedule that conflicts with your Sabbath observance) that interferes with your religious practices or beliefs, you must inform him or her of what reasonable accommodations can be provided to suit your needs. The employer is obligated to try to accommodate your religious practices, unless doing so would create an undue hardship on the operation of the business.
Sex
You cannot be denied equal employment opportunity because of your gender.
· Equal Pay
It is illegal for an employer to pay you wages at a rate less than the rate of wages paid to employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility and are performed under similar working conditions, unless a pay differential is warranted by a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or is based on a factor other than gender.
· Pregnancy
You cannot be denied equal employment opportunity because of pregnancy, childbirth, or related medical conditions. Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Leave for child care should be granted on the same basis as leave granted to employees for other nonmedical reasons, such as non-job-related travel or education, and should be available to both men and women.
Harassment
Hostile or abusive verbal or physical conduct based on race, color, sex, religion, national origin, age, or disability is unlawful if it is sufficiently severe or pervasive to create an ...

Purchase this Solution


Free BrainMass Quizzes
Contract Requirments

How much do you know about the legal requirements for a contract? Find out with this quiz!

Constitutional Law Rights

How much do you know about Constitutional Law Rights? Find out with this quiz!

Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Evidence

Do you know your evidence objections? Find out with this quiz!