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    EEOC Process & Procedures

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    I need help with the topic: the EEOC process procedures, how to file a claim, mediation, etc.

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    https://brainmass.com/law/business-law/eeoc-process-procedures-86071

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    1. I am looking for help writing a paper on the EEOC process, how to file a claim, mediation, etc.

    This information can be located on the following sites www.eeoc.gov and www.uscourts.gov.
    About the EEOC (http://www.eeoc.gov/abouteeoc/index.html).
    The Process:
    When Can an Individual File an Employment Discrimination Lawsuit in Court?
    A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge.
    Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage.
    Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.
    Laws Enforced by the EEOC:
    • Title VII of the Civil Rights Act
    • Equal Pay Act of 1963
    • Age Discrimination in Employment Act of 1967 (ADEA)
    • Rehabilitation Act of 1973, Sections 501 and 505
    • Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
    • Civil Rights Act of 1991 http://www.eeoc.gov/abouteeo/overview_laws.html
    Source: http://www.eeoc.gov/policy/laws.html
    For example, a discrimination compliant can be filed by the person directly with EEOC. That is, any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. However, they need to follow the guidelines of the filing process. 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. 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/abouteeo/overview_practices.html).
    • Once the discrimination complaint is filed, and investigation is made by EEOC, and if the evidence obtained in the investigation does not establish that discrimination occurred, this will be explained to the charging party.
    • A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.
    • If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination. If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.

    If EEOC is unable to successfully conciliate the case, however. the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions.

    As mentioned above, the U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies (http://www.eeoc.gov/litigation/index.html).

    See more detail at the following site http://www.eeoc.gov/abouteeo/overview_laws.html.

    Example 1: Discrimination Complaint made with EEOC
    Begins with EEOC
    Filing a Charge of Employment Discrimination with EEOC
    Who Can File a Charge of Discrimination with EEOC?
    • Any individual who believes that his or her employment rights have been violated 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 Is a Charge of Discrimination Filed?
    • 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.
    What Information Must Be Provided to File a ...

    Solution Summary

    This solution discusses and provides information on aspects of the EEOC process e.g. how to file a claim, mediation, etc. References are provided.

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