The Legal Process of Discrimination Claims

September 15, 2015

MGT/434

Dina Centifanti Gledhill

The Legal Process of Discrimination Claims

In the provided facts, John sought to have an issue of discrimination lodged against his employer. The first thing he has to do is lodge it at the Equal Employment Opportunity Commission (EEOC). The place where the discrimination took place will determine where the same will be filed. The allegations of discrimination should be filed at an EEOC office, which is nearest to the corporate headquarters of the employer. Filings of charges with EEOC are not undertaken online but an applicant can use the online assessment in determining if the EEOC is the best office to address the complaint. As such, John can lodge his complaint in person, via the telephone or through a letter (Eeoc.gov, 2015).

Once the charge is filed, EEOC will provide John with a copy of the charge as well as a charge number. However, if the EEOC determines that there is no discrimination, the charge will be dismissed and John will be notified of the same. A copy of the charge and a notice will be sent to his employer within 10 days requesting that the employer provides EEOC with a written response to the charge. Once the response is received, the charge will be handed over to an investigator. After the findings of the investigator are made known to EEOC, a mediation will be requested with John and his employer in attendance. The holding of this mediation will be predicated on the agreement of both parties to hold it. A mediator will be assigned to assist the parties come to a voluntary settlement. During this part of the process, John and his employer are given an opportunity to raise their concerns. The role of the mediator is to suggest ways in which the problems and disagreements can be solved. They cannot decide who is wrong or right.

In the event one of the parties refuses to engage in mediation, EEOC will proceed with its own investigations, which will include holding interviews and gathering and documents. If John’s employer refuses to co-operate, then EEOC can issue the employer with an administrative subpoena to facilitate obtaining testimonies, documents and gaining access to the premises. Where the investigations reveal that there was a violation of the law, EEOC will try to reach an amicable settlement between the two. Where a settlement is not reached, the matter will then be referred to the EEOC’s legal staff who will determine the viability of filing a lawsuit. If the decision is made not to pursue the matter in court, John will be issued with a notice of right to sue. The same notice will be issued to John where EEOC’s investigation reveals that the employer did not violate the law.

From the above explanation, it is clear that the litigation process may be instigated by John or by EEOC. Where John is issued with a notice of right to sue, he must file his lawsuit within 90 days. It ought to be noted that where the discrimination alleged by John is of age, then he does not need to obtain a notice of right to sue or file a charge with EEOC. He can file a lawsuit directly within 2 years from the time of discrimination or within 3 years where the discrimination was undertaken willfully (Schlanger & Kim, n.d.). In addition, if John’s claim is under the Equal Pay Act, he need not file a charge or obtain a notice from EEOC. John also has the opportunity of commencing a lawsuit before the EEOC investigations are concluded by requesting for a notice of right to sue (United States Courts, 2015). After the notice is issued, EEOC will not take any further action in investigating the charge.