Employment Law: Legal Process for a Discrimination Complaint
Employment Law: Legal Process for a Discrimination Complaint
The purpose of this assignment is two-fold: (1) analyze a scenario in which an employee wishes to file a discrimination complaint against his/her private sector organization and (2) explain the civil litigation process for such a claim. "Litigation refers to the process by which cases are brought and prosecuted in the court system" (Legal Advice for Free, 2005a). In the case of a discrimination suit, the civil litigation process begins with filing the complaint with the Equal Employment Opportunity Commission (EEOC) and, if necessary, proceeds from the state level up to the United States Supreme Court.
Analyzing the Scenario
Scenario: "John is an employee in a private sector organization [and he] wants to file a discrimination complaint against his employer" (University of Phoenix rEsources, 2005, Week 1). After reviewing this scenario, it was discovered that no details were provided as to the context of John 's discrimination complaint excluding the following three facts: (1) John, by name, represents a male subject, (2) he is employed by a private sector organization, and (3) this discrimination complaint is directed toward his employer. The private sector refers to "that segment of the workforce represented by private companies, companies that are not owned or managed by the government or one of its agencies" (Bennett-Alexander, & Hartman, 2003, p. 774). A discrimination complaint, if valid, consists of a factual and evidential claim (or claims) of illegal treatment or activity on the basis of an individual 's or group of individuals ' "race, sex, religion, national origin, physical disability, [or] age.
In the context of employment, discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment" (Legal Advice for Free, 2005b). Title VII of the Civil Rights Act of 1964 protects employees or perspective employees from
The purpose of this assignment is two-fold: (1) analyze a scenario in which an employee wishes to file a discrimination complaint against his/her private sector organization and (2) explain the civil litigation process for such a claim. "Litigation refers to the process by which cases are brought and prosecuted in the court system" (Legal Advice for Free, 2005a). In the case of a discrimination suit, the civil litigation process begins with filing the complaint with the Equal Employment Opportunity Commission (EEOC) and, if necessary, proceeds from the state level up to the United States Supreme Court.
Analyzing the Scenario
Scenario: "John is an employee in a private sector organization [and he] wants to file a discrimination complaint against his employer" (University of Phoenix rEsources, 2005, Week 1). After reviewing this scenario, it was discovered that no details were provided as to the context of John 's discrimination complaint excluding the following three facts: (1) John, by name, represents a male subject, (2) he is employed by a private sector organization, and (3) this discrimination complaint is directed toward his employer. The private sector refers to "that segment of the workforce represented by private companies, companies that are not owned or managed by the government or one of its agencies" (Bennett-Alexander, & Hartman, 2003, p. 774). A discrimination complaint, if valid, consists of a factual and evidential claim (or claims) of illegal treatment or activity on the basis of an individual 's or group of individuals ' "race, sex, religion, national origin, physical disability, [or] age.
In the context of employment, discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment" (Legal Advice for Free, 2005b). Title VII of the Civil Rights Act of 1964 protects employees or perspective employees from
References: Bennett-Alexander, D. D., & Hartman, L. P. (2003). Employment Law for Business (4th ed.). New York: McGraw-Hill/Irwin. Retrieved November 1, 2005, from University of Phoenix, Resource, MGT/434 Employment law Web site: http://ecampus.phoenix. edu/secure/resource/resource.asp EEOC. (2005, November 5). Filing a charge of employment discrimination. Retrieved November 5, 2005, from http:// www.eeoc.gov/charge/overview_charge_filing.html Legal Advice for Free. (2005, November 5a). Litigation. Retrieved November 5, 2005, from http://www.legaladviceforfree.com/litigation.html?engine=gog&id=litigation Legal Advice for Free. (2005, November 5b). Discrimination. Retrieved November 5, 2005, from http://www.legaladviceforfree.com/discrimination.html?engine=gog&id= discrimination Noe, R., Hollenbeck, J., Gerhart, B., & Wright, P. (2003). Fundamentals of Human Resource Management. New York: McGraw-Hill/Irwin. Retrieved October 1, 2005, from University of Phoenix, Resource, MGT/431 Human Resource Management Web site: http://ecampus.phoenix.edu/secure/resource/resource.asp University of Phoenix rEsources. (2005, November, 5). One: Topic: The legal environment of employment. Retrieved November 5, 2005, from University of Phoenix, MGT/434 Employment Law Week One Website: https://mycampus. phoenix.edu/secure/resource/resource.asp US Courts. (2003). Understanding the federal courts. Retrieved November 5, 2005, from http://www.uscourts.gov/