Legal Process Paper

There are many laws that the federal government has adopted to ensure employees are protected against discrimination in the workplace. John is an employee in a private sector organization. He wants to file a discrimination complaint against his

employer. Based on this scenario, and according to Equal Employment Opportunity Commission , an individual who believes that his or her employment rights have been violated may file a charge of discrimination. 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 also a charge may be filed by mail or in person. This paper will discuss some of those laws, as well as explain the civil litigation process.

There are a few things that John needs to keep in mind when he plans to make a complaint his employer. For starters, John needs to go to his nearest EEOC office and file an EEOC complaint or he can mail his complaint to the EEOC office. (Bennett-Alexander & Hartman, pg. 91). In addition, an individual, organization or agency may also file a charge on behalf of another individual to offer protection of their identity (www.eeoc.gov). After the complaint is filed with the EEOC, they will serve notice of the charge with John's employer. This notice must be given to the employer within 10 days of the claim with the EEOC (Bennett-Alexander & Hartman, pg 89). Keep in mind that there are strict time limits within which charges must be filed:

* A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

* This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.

These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits

indicated. To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

The next step would be a referral to mediate, which means that after the complaint has been filed and the employer has been notified, a mediation referral may be suggested. Each side will have 10 days to respond and if both parties decide to accept the mediation, the charge must be mediated within 60 days for in-house mediation or 45 days for external mediation (Bennett-Alexander & Hartman, pg. 90). If the parties do choose to

mediate, during their mediation they will have an opportunity to present their positions, express their opinions, provide any necessary information and express their request for a solution. Any information that is shared during these sessions will be kept confidential, including members of the EEOC. If the parties involved do reach an agreement, that agreement would be as binding as any other settlement agreement (Bennett-Alexander &

Hartman, pg. 90). If the parties involved choose for some reason not to mediate or if the outcome is unsuccessful, the charge will be referred back to the EEOC to investigate the complaint by speaking with the employer and employee and any other pertinent witnesses. Afterwards, the EEOC will determine if there is reasonable cause or none to

charge the employer with discrimination. Once the EEOC has arrived at a decision, either party can ask for reconsideration (Bennett-Alexander & Hartman, pg. 90).

If the EEOC finds that