The Legal Process
University of Detroit
November 21, 2010
The legal process involving employment law has various branches depending on the type of employment, area, specialty, and class of employer and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2011).
The U.S. Equal Employment Opportunity Commission, which was given enforcement authority by ...view middle of the document...
E.O.C, 2011). Most labor unions and employment agencies are covered as well; the minimum number of employees in an age discrimination case is 20.
Before John can file a complaint against his employer through the EEOC, John must keep in mind that he only has a limited amount of time to file a charge of discrimination. “In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges” (EEOC, 2011). There are three ways to submit a claim, in person, by telephone or by mail. The first steps in filing a complaint with EEOC, is to take an online assessment to see if the EEOC is the correct agency to help, even though John cannot file his complaint online, “You can then complete an Intake Questionnaire that you may print and either bring or mail to the appropriate EEOC field office to begin the process of filing a charge” (EEOC, 2011)
Once the claim has been filed against the employer there is a 10day reply window that is
open for employer to respond. “EEOC offers employers many opportunities to resolve charges of discrimination. Methods of resolution include mediation, settlement and conciliation” (EEOC, 2011) John’s employer is not a public or government agency, but in the private sector “the business is covered by the laws the EEOC enforce if it has 15 or more employees who worked for the company for at least twenty calendar weeks in the current or last year”(EEOC, 2011) Flip-side, if an employer is not covered by the laws the EEOC enforces, the employer still may be covered by a state of local anti-discrimination law. If enough evidence is found for the claim to stand then an investigation can begin and can take anywhere from three to six months for completion. Once the investigation is complete, there is possible action that can be taken afterwards buy the employee against the employer. “If we haven’t found a violation of the law, we send the employee a Notice-of-Right-to-Sue. This notice gives the plaintiff permission to file a lawsuit in a court of law” (EEOC, 2011). State and federal courts maintain separate procedural rules. “On the federal level, the Federal Rules of Civil Procedure govern the process of civil litigation at the level of the U.S. district court, which is a trial court. The Supreme Court and the courts of appeals use procedures contained in the Federal Rules of Appellate Procedure and in the U.S. Supreme Court Rules. As reviewing courts, they are concerned with the district courts' application of the Federal Rules of Civil Procedure which are now contained in Title 28 of the U.S. Code” (US Courts, 2011).
One employee discrimination case that was raised all the way up...