Legal Process Paper

986 words - 4 pages

The Equal Employment Opportunity Commission (EEOC) is a federal government agency that was created to enforce the compliance of federal employment discrimination laws such as Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Age Discrimination in Employment Act of 1967, Title I and V of the Americans with Disabilities Act of 1990, Sections 501 and 505 of the Rehabilitation Act of 1973, and the Civil Rights Act of 1991 (U.S. Equal Employment Opportunity Commission, 2007). This paper will explain how John, an employee in a private sector organization, can file a charge of discrimination against his employer through the EEOC. In addition, an explanation will be given about the ...view middle of the document...

An employer may not retaliate against the employee for filing a discrimination complaint (Bennett-Alexander & Hartman, 2007). The EEOC then investigates the facts and seeks to achieve a voluntary settlement between the employer and employee. If a settlement does not occur, the EEOC can sue the employer on behalf of the employee (Cheeseman, 2004). If the EEOC does not believe the complaining individual was discriminated against, the individual is issued a right to sue letter and may bring his or her own lawsuit (Cheeseman, 2004).Civil Litigation ProcessOnce an individual receives a right to sue letter he or she decides where to file the suit, federal or state court. Most cases are initiated at the state level because the state has jurisdiction (FindLaw, 2008). According to FindLaw (2008), "State courts do not have power to hear certain kinds of cases -- including those involving bankruptcy, immigration, patents, copyrights, and violations of federal criminal law. These types of cases are handled exclusively by federal courts." (para.4). Most states have three levels of the court system, trial, intermediate appellate, and high appellate (FindLaw, 2008). Municipal or Limited Jurisdiction courts are considered lower level trail courts where Superior or General Jurisdiction courts are higher trial courts (FindLaw, 2008). There are seven steps needed to file a complete civil case. The first step is to start the case by filing the initial court papers. The second step is the fact-finding and discovery phase. The third step is the resolution before trial: court motions. The fourth step is the resolution before trial: settlement and alternative dispute resolution (ADR). The fifth step is the trail and verdict. The sixth step is the collecting the money after a judgment and the seventh step is appeals.Resolving Workplace DisputesA fast growing approach in today's workplace is mandatory arbitration agreements. This type of...

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