Tuesday, May 28, 2019

Equal Employment Opportunity Complaint Essay -- Discrimination Complai

Equal Employment Opportunity ComplaintIn order for John to file a discrimination kick against his employer, he is required to file a deplume with the Equal Employment Opportunity Complaint counselor or representative of the company. Once the charge has been filed, an investigating is made, or the charge maybe selected to an EEOC program and maybe dismissed. In this case, John is given a certain number of days to file a showcase on his behalf. This process would have to go by means of several lengthy stages such as the EEOC administrative process. If gone to trial it essential go through filing of a send for, response and answer, discovery process, enlisting of experts, pre-trial, actual trial and a possible appeal.In the EEOCs Charge Process, John must go to his EEOCs representative within this company and file a complaint. This is considered the administrative process. Pertinent information must be given about the plaintiff and suspect such as name, address and phone number, the date and a brief description of the charge. Once the charge has been filed the employer is notified that charges have been filed. The charge would be thoroughly investigated. A written description and date of alleged violation is requested again interviews with people, documents are reviewed and sometimes the facility is visited which the alleged discrimination occurred. As an alternative the charge may be assigned to the EEOC Mediation Program instead of an investigation, which both parties must consent to. If the mediation is unsuccessful, the charge returns back to investigation. There is a porta that the charge be dismissed. If this is the case, John will be able to file a lawsuit on his behalf within 90 days.After given the retrieve of a right to sue from EEOC, John can then file a lawsuit within two years. This is where the statue of limitation comes into place. The suit must be filed within the discovery of the charge. John must then file a summons or a complaint in the appropriate court. Attached to the summons is a detailed complaint of the allegations and relief required in case. The defendant, Johns employer, will then receive the summons notifying them of the lawsuit.After the defendant receives the summons, they must respond by filing an answer or preliminary motion within the federal court or preliminary objection within the distinguish court. Th... ...d other employees would benefit by becoming knowledgeable of their rights under the laws of EEOC and corrective or preventive actions would be taken to discourage discrimination. This is why it is so master(prenominal) that an employer must educate management, as well as, employees so that problems, such as, Johns wont escalade to the point of a complaint cosmos filed within the EEOC administration. Employers may lose, as well as, employees and may become devastating where as both parties are negatively affected.REFERENCESBennett, Alexander, Hartman (2003), Employment Law for Business, f ourthly Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition II. Regulation of Discrimination in Employment 3. Title VII of the Civil Rights minute of 1964, The McGraw-Hill Companies.The U.S. Equal Employment Opportunity Commission. Retrieved from http//www.eeoc.gov on April 1, 2004U.S. Courts Federal Judiciary. Retrieved from http//www.uscourts.gov on April 1, 2004Discrimination Complaint Procedures. Retrieved from http//www.lacity.org/per/EEO/discrime.htm April 1, 2004

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