Legal Process Paper

Topics: United States, Discrimination, Equal Employment Opportunity Commission Pages: 2 (792 words) Published: November 23, 2008
Discrimination in the workplace is an aspect of business law that many organizations must understand and deal with. As a private sector employee, John is faced with a scenario of discrimination that he wishes to file a complaint. “The Civil Rights Act of 1964 (CRA 1964) prohibits discrimination in voting, education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, or religion”(Bennett-Alexander & Hartman, 2007). Because of other types of discrimination cases, the federal government introduced the Equal Pay Act of 1963 (EPA), Age Discrimination in Employment Act of 1967 (ADEA), Americans with Disabilities Act of 1990 (ADA), Rehabilitation Act of 1973, and the Civil Right Acts of 1991. This paper will discuss the legal process an individual would pursue whom was discriminated against by a private sector organization and wishes to file a complaint. The first task would be to contact the Equal Employment Opportunity Commission (EEOC). After contacting the commission, John will meet with an EEOC Counselor from the agency within 45 days of the discriminatory action. The counselor will provide John with information regarding the process, time frames and appeal procedures. The counselor will also attempt to informally resolve the matter. If not fully resolved, the complainant would fill out an intake questionnaire with key information about the company and incident. The employee has 180 days after the offense to file with the EEOC. The claim is then submitted to the nearest EEOC office or by mail. Once the intake questionnaire is completed and submitted, the EEOC will notify the organization by mail and send an investigator to request “information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred” (EEOC, 2003). Once the investigation is complete, the charging party and employer may enter into the mediation program if both parties wish...

References: Bennett-Alexander, D.D. and Hartman, L.P. (2005). Employment Law for Business. 5th edition. McGraw-Hill
EEOC. (2007). Retrieved Nov. 09, 2008, from Filing a Charge of Discrimination Web site: http://eeoc.gov/charge/overview_charge_processing.html
US Courts. (2003). Retrieved Nov. 09, 2008, from Understanding Federal Courts Web site: http://www.uscourts.gov/understand03/content_6_0.html
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