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Legal Process Paper - Employee Vs Organization Case Study

Essay by   •  September 18, 2011  •  Case Study  •  690 Words (3 Pages)  •  1,546 Views

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Legal Process Paper

John is an employee in a private sector organization. John feels like he has been discriminated against, and would like to file a complaint against his employer. According to "U.s. Equal Employment Opportunity Commission" (2011), " The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information." (Para1). If an employee such as John believes that he has been discriminated against they have the right to file a complaint through the EEOC. This paper will explain what necessary steps that needs to be taken for John to files the complaint.

The first step in filing a complaint is contacting the EEOC within the allotted time frame which is 45 days of the discriminatory action that took place ("U.S. Equal Employment Opportunity Commission", 2011). The person filing the complaint is given a choice to either to attend counseling or alternative dispute resolution (ADR). The ADR must be completed by 90 days, and counseling must be completed by 30 days of the discriminatory action ("U.S. Equal Employment Opportunity Commission", 2011). The ADR program is a fair and confidential that is enforceable once an agreement is reached. The person who conducts the ADR meetings is a third party that has no interest in what the dispute is about. In most cases the company will use mediation within their ADR program, and that person does not give a verdict in the case. The mediator is a person that can help both parties work on solutions in the dispute action ("U.S. Equal Employment Opportunity Commission", 2011).

Once the counseling or the ADR is completed and the issue was not resolved, the person can file a complaint against the company ("U.S. Equal Employment Opportunity Commission", 2011). Once the complaint has been filed an investigation is then started with interviews of both parties and witnesses. All evidence in the case once collected and has finished the investigation; the complainant can request a hearing by an EEOC judge or request an immediate final decision ("U.S. Equal Employment Opportunity Commission", 2011). When the judgment is administered and the complainant is unsatisfied with the verdict they can appeal with the final judgment within 30 days, and if the company that the suit is against is unsatisfied with the judgment they have 40 days to appeal ("U.S. Equal Employment Opportunity Commission", 2011).

There are many types of complaints and disputes in the workplace that we are protected against. According to "Federal Laws Prohibiting Job Discrimination (2009), " Title VII of the Civil Rights Act of 1964 (Title VII), which

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