Workplace Discrimination

Legal Process Paper

While discrimination in the workplace has become more difficult to identify, Americans can rely on several federal laws that prohibits job discrimination. In the hiring and terminating process, employers need to be fully aware of the correct legal course of action to avoid discrimination practices. John is an employee in a private sector organization that has strong resistance to enforcement of existing discrimination laws. He wants to file a discrimination complaint against his employer. Based on this scenario, the entire discrimination complaint and civil litigation process will be discussed as it applies to an employee and employer in a private sector organization. To discriminate is to make a distinction between
The stages of the litigation process may vary from jurisdiction to jurisdiction. According to the United States (US) Equal Employment Opportunity Commission (EEOC), any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC (2006). A charge may be filed by mail or in person at the complaining party's local EEOC office. The person filing the complaint must provide his or her information along with the respondent employer, employment agency, or union alleged to have discriminating. Supporting information should include the complaining party and respondents name, address, telephone number, description of the violation, and dates of alleged violation. The date of the alleged violation is important to the EEOC because the charged must be filed with EEOC within 180 days from the date of the alleged
At this point, a charge may be assigned a priority or follow up investigation depending on the initial facts. While investigating, EEOC may request additional information, interview people, or review documents. If both parties agree, EEOC can seek a settlement or offer a mediation program. If a charge is dismissed or a case is closed the charging party has 90 days to file a lawsuit. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and serves a copy of the complaint on the defendant (US Courts, 2006). A plaintiff may seek relief or remedy to compensate for the injury. Remedies can include back pay, hiring, promotion, reinstatement, front pay, or simply to stop the conduct causing the harm. On the other hand, relief could be attorney fees, expert witness fees, and court costs. If the case is not settled, the court will schedule a trial. Depending on the type of trial determines who is asked to judge if the defendant is responsible for harming the