Legal Process Paper

Before beginning any filing complaint, John needs to know under what grounds was he being discriminated and must have proof. His proof can consist of documentation, pictures, witnesses, or statements from the harasser.

In order to file a discrimination act, John needs to contact the U.S. Equal Employment Opportunity Commission Agency. After contacting the agency, John will meet with an EEO 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 attempt to informally resolve the matter. At the initial counseling session, the counselor will advise John in writing of his rights and responsibilities in the EEO process, including the right to request a hearing before an EEOC administrative judge or an immediate final decision from the agency following its investigation of the complaint. John will be informed of his right to elect between pursuing the matter in the EEO process under part 1614 and a grievance procedure if available or the Merit Systems Protection Board appeal process where applicable. The counselor must also inform John of his rights to proceed directly to court in a lawsuit under the Age Discrimination in Employment Act, or of his rights to mitigate damages, and that only claims raised in pre-complaint counseling may be alleged in a subsequent complaint filed with the agency. The counseling must be completed within 30 days of the date that John contacted the EEO office to with his complaint.

If the matter is not resolved in that time period, the counselor must inform the individual in writing of rights to file a discrimination complaint ("Notice of Final Interview") and must inform John that the complaint must be filed within 15 days of receipt of the notice, identify the agency official with whom the complaint must be filed, and John's duty to inform the agency if he or she is represented. If the claim is not resolved before the 90th day, the Notice of Final Interview described above must be issued to the individual giving him the right to proceed with a formal complaint.

A complaint must be filed with the agency stating that the employer discriminated against John within 15 days of receipt of the Notice of Final Interview. The complaint must be a signed by John or by his attorney, which contains John's or his legal counselor's telephone number and address, and must be sufficiently precise to identify the complainant and the agency, and describe the complaint being made. The agency must acknowledge receipt of the complaint in writing and inform John the date the complaint was filed, of the address of the EEOC office where a request for a hearing must be sent, explain to John his rights to appeal the agency's final action or dismissal of a complaint, and that the agency must investigate the complaint within 180 days of the filing date. Investigations are conducted by the EEOC agency. The agency must develop an impartial and appropriate factual record upon which to make findings on the claims raised by the complaint.

The EEOC may make an offer of resolution to John and his attorney at any time after the filing of the complaint, but no later than the date that an administrative judge is appointed to conduct the hearing.

The offer of resolution must be in writing and include a notice explaining the possible consequences of failing to accept the offer. If John fails to accept the offer within 30 days of receipt, and the relief awarded in the final decision on the complaint is not more favorable than the offer, then John shall not receive payment from the agency of attorney's fees or costs incurred after the expiration of the 30-day acceptance period.

An EEOC representative will contact the employee and employer concerning their rights to mediation. If both parties agree, a mediation session is scheduled by a trained and experienced mediator. It is very important that the persons attending the mediation session have the authority to resolve the dispute.

The Mediation process is a form of alternative dispute resolution which is offered by the U.S. Equal Employment Opportunity Commission as an alternative litigation process. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. The decision to mediate is completely voluntary for the charging party and the employer. Mediation gives the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings,