Human Resources Legal Process Paper

Legal Process Paper

John believes that his private sector employer has discriminated against him. For John to properly file charges in accordance with the prevailing public laws the steps he should follow is first to contact a lawyer. In order to protect his right to file a private law suit or his ability to have the EEOC act on his behalf, he must file his discrimination charges within 180 days of the last alleged discriminatory act as further explained within.

EEOC complaint process

The process to seek a resolution in a discrimination case follows the below structure:

* John goes to EEOC office and files the EEOC complaint,

* The agency sends notice to employer accused of discrimination,

* Parties receive referral to mediation (if appropriate),

* If both elect mediation, charge is mediated,

* If parties agree in mediation, agreement is binding,

* If mediation is not successful or parties choose not to mediate, EEOC schedules a meeting with the parties,

* Parties meet and try to conciliate,

* If agreement is reached, claim ends,

* If no agreement is reached, claim is investigated by agency,

* Agency makes determination of cause or no cause,

* If no reasonable cause, John is notified and given right-to-sue letter,

* If reasonable cause is found, agency notifies employer of proposed remedy, and

* If employer disagrees, he or she appeals decision to next agency level. (D.D. Bennett-Alexander & L. P. Hartman 2004, p. 91)

Once the EEOC accepts the complaint it will notify the alleged offending organization of the charge. Additionally, the EEOC investigator will ask both John and the alleged offending organization to provide further information. The alleged offending organization maybe asked to provide a statement of position and respond to a request for information. The EEOC may also ask the alleged organization to permit a site visit and to have employees available for witness interviews.

There are three ways to resolve the case, if the EEOC has not dismissed it upon the original filing.

Mediation

Settlement

Conciliation

Mediation is a fair and efficient method for case resolution. The claimant and charged party meet with a neutral third party mediator.

Settlement can happen anytime within the process.

Conciliation is statutorily required after the EEOC investigator finds that there is reasonable cause to file the case in federal court. Both parties are informed by letter of the findings and invited to participate in conciliation discussions.

If no agreement is reached, the EEOC investigates the case. The objective of the investigation is to find cause or no-cause. If no-cause is found, then the claimant is issued a right-to-sue letter. The claimant having exhausting all administrative avenues to resolve the case is then free to file suit for judicial review within 90 days of receipt of the letter. If cause is found by the investigator but conciliation is not reached, the EEOC may file civil charges against the employer in federal court.

Judicial review by federal court

In court, the case is handled entirely new, as if the EEOC had no opinion or determination of the case while it was in administrative review.

Normal timeline of a Federal Discrimination Lawsuit that does not settle

Year 1 of Federal Discrimination Lawsuit

* Year 1, Day 180 - EEOC issues a "right to sue" letter

* Year 1, Day 270 - A lawsuit gets filed

* Year 1, Day 330 - Defendant "answers" the lawsuit