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Legal Process Essay

728 words - 3 pages

This paper will outline the complaint process for John, an employee in the private sector that wants to file a discrimination complaint. The paper will also attempt to explain the civil litigation that may follow if the EEOC, through arbitration and mediation cannot settle a complaint.The Equal Employment Opportunity Commission, or EEOC, is a United States federal agency tasked with ending employment discrimination in the United States. President John F. Kennedy by Executive Order 10925 signed the document into law and it can bring suit on behalf of alleged victims of discrimination against private employers. It also serves as an adjudicatory for claims of discrimination brought against federal agencies. The EEOC's mandate is specified under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).There are several steps involved in filing a discrimination claim against and ...view middle of the document...

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. 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, (EEOC.gov, 2008).In addition to these strict timeline and guidelines, the charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge. Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage, (EEOC.gov, 2008).References(EEOC.gov, 2008). EEOC Charge Processing Proceedure. Electronic document, retrieved on January 24, 2008 from: http://www.eeoc.gov/charge/overview_charge_processing.html

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