University of Phoenix
Employment Law MGT/434
Patrice D. Carrington, Esq.
March 3, 2009
Legal Process Paper
John’s first step in the process is to go online or visit the nearest EEOC office. There they have an assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to give John help, Part one asks general questions about the complaint. John will be asked if he wants to complete Part two after he answers the Part one questions which will ask more specific questions about his situation and will allow him to submit this information to the EEOC for follow-up. Completing this two part assessment system is not the same as filing a charge. If John wants to sue his employer in court one day or if he wants the EEOC to investigate his complaint he is required to file a charge. After John completes Part two a representative from EEOC will contact him about the process for filing a charge which comes with certain deadlines that apply (U.S. Equal Employment Opportunity Commission, n.d.).
John has 180 days to file a charge of discrimination from the day the discrimination took place, which may be extended to 300 days if the discrimination occurred in a place that has a state or local anti-discrimination law (although only a state law will extend the deadline for an age discrimination charge) (U.S. Equal Employment Opportunity Commission, n.d.).
After a charge of employment discrimination has been filed with the EEOC the employer is notified that the charge has been filed and from that point there are a number of ways that the charge can be handled. Taken from the EEOC website are the different ways in which a charge may be handled:
• A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has...