In most occasions, the cases of discrimination at the work places have been reported to be tough issues to prove in cases where one of the parties involved fail to establish clear accounts of, when and where to report the occurrence of such acts. A wide range of rules and regulations in the United States of America, have established clear procedures that seek to prohit employers from conducting any form discrimination in the work places.
The various laws on discrimination require that the employers familiarize themselves with the legal requirements, which need to be followed when carrying out human resource activities like recruitment and selection, as well as the execution of employment contracts. This is important for the organization to cut down the various costs, which they can incur in meeting the non compliance costs. Considering the case of john and his employer an analysis is made on the various legal procedures that employees can follow make a discrimination complaint.
Filing discrimination complaint
Considering the case of John and his employer, whereby John as an employee in a private organization realizes that his rights and duties are violated in relation to discrimination, he has a right to seek legal protection by filing a
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First of all its is provided by law that, once an employee in a private organization establishes that his or has been discriminated against, the complaint should be filed with the EEOC and this should be carried out within 180 days, since the establishment of the events that lead to that discrimination act. Following the filing of the complaint with EEOC, the employer will be given a notice of the charge, within ten days since the day when the case was filed with EEOC.
Equal Employment Opportunity Commission is the first step, which an employee should begin with when filling a discrimination complaint. EEOC is comprised of five commissioners as well as a general counsel who is appointed by the President of the United States of America; the senate will make an approval of the appointment of the general counsel to his or her office (EEOC online).
When an individual files a discrimination complaint charge, he or she will be required to fill a questionnaire, which will enable the complaint to provide information that is considered to be material to the case at hand. Such a questionnaire can be obtained from a nearest EEOC office or even online at the website of EEOC. In cases where the individual filing the discrimination complaint requires assistance to file a charge, he or she will be required to visit the nearest office of EEOC so as to make a request for that in order for required arrangements to be made (EEOC online).
This commission is bestowed with the responsibility of ensuring that the various discrimination complaints, that are presented by the complainants in relation to the discrimination acts are enforced according to the requirements of the part VII civil rights acts of 1964, and the act on age discrimination at work places as well as equal pay act among other acts like the act non Americans with disabilities.
The various decisions that EEOC will undertake will be based on the initial evidence, which is filled with the commission. In such cases, the commission will consider the level of priority that a given complaint will be assigned, so as to deal with the different charges appropriately within the required period of time (EEOC online).
A high priority is given to charges that show more support to the breach of law, and in the same way low level of priority is assigned to cases that need investigation measures, considering the fact that such cases involve charges that are not obvious. Investigations are carried out for cases, which the commission fails to establish on the spot judgments after carrying out some few investigations.
After EEOC has managed to finish the various investigations, that need to be carried out in reference to the discrimination charge at hand, the information about the charge will be analyzed between the parties involved. It is at this point in time that the various that various alternatives are considered on how the parties involved in the discrimination charge will move forward with the complaint (EEOC online).
EEOC has the right to dismiss the charge, when it is able to establish that further investigations will not create a difference in the required evidence, which is needed to demonstrate the acts of discrimination in the organization. If such a decision is undertaken by EEOC, the commission will take the responsibility of informing the parties involved. In such a case the commission will be offering a meditation alternative, instead of the traditional form of litigation process.
Mediation should be considered at all levels of this process, as an act that is to be done in a voluntary manner whereby the parties involved carry out negotiations that will seek to establish a common point of agreement that will be for the benefit of the two parties involved (United States Government accountability office 2005).
Meditation is one of the forms that the commission employs in solving the discrimination issues, because meditation enables the two parties in the charge to use informal means to solve the various issues and other forms of differences between the employer and the employee. If the employer and the employee fail to establish a common ground at the mediation stage, and also the charge has managed to establish that the process can be carried on to great levels of litigation, the next step that will be undertaken is the filing of a civil suit.
In such a situation, the party that is opposing the decisions that were being carried out at the meditation stage has an option to use the services of the jury or on the other hand those of a single judge. If the jury is considered, the verdict of the case will be made by a collection of peers, who will be at a position of establishing the validity of the raised complaint and in respect to the judgment that is made, the various legal damages will be awarded. In the case of a trial by a single judge, the judge has the responsibility of personally assessing the various issues presented in relation to the discrimination judge so that at the end of it all a verdict is passed (United States Government accountability office 2005).
Once the judgment of the case has been established and made known to the various parties involved, the party that will have lost the case has a legal right to make an appeal. Before the losing party can make an appeal to the United States Supreme Court, he or she must be at a position of establishing that an error was made when the judgment was being made and as a result there is great need for the United States Supreme Court to change the decision that was established in the judgment process.
At the United States Supreme Court of appeal, the number of judges that are supposed to make a judgment on the case that has been appealed in relation to discrimination is usually three in number. These three judges are supposed to read and understand the briefs of the parties involved in the case. Based on the information that they have read from the briefs, they should be able to make a decision on the discrimination cases or in other situations depending on the information that has been analyzed, they will make recommendations which are in the oral form there an then at the courtroom (United States Supreme Court online).
In most occasions, the courts of appeals have been able to offer a final decision on the various cases including those that involve the acts of discrimination. Exceptions are made in situations where an appellant made an appeal to review the whole case. In such cases the Supreme Court can grant that request to the appellant. Though the appellant could make that request, it is not always a guarantee that the Supreme Court will grant that request because it is likely to turn down that request, if the facts supporting for the appeal are not substantive.
In most situations, the United States Supreme Court is mostly involved in legal issues, which are considered to be sensitive and important or in the occasions where the two parties that are involved in a given case or charged both offer contradicting information on the case at hand. Usually the United States Supreme Court delegates its appeal duties to the other courts of a appeal, and it is on in countable cases that the supreme court will be required by law to consider such cases, otherwise because the verdict of the case is indeterminable by the parties involved, the cases of reviewing discrimination cases among other cases which are to be appealed for review can be turned down (United States Supreme Court online).
According to the analysis that has been carried out in this research paper, it is important that individuals get full information on the various legal procedures, which they need to follow upon the occurrence of acts that seek to breach their rights at the work place. The employers also need this kind of information so as to ensure compliance at all times, that will enable the organization achieve success in its business operations. In order for the employers and their employees to be protected, it is considered necessary that the management of the organizations be informed about the acts that govern discrimination issues.
United States Government accountability office (2005). Equal employment opportunity commission.DIANE Publishing.
EEOC: U.S. Equal Employment Opportunity Commission: Retrieved online: http://www.eeoc.gov/
U.S. Courts: The federal judiciary. Retrieved online: http://www.uscourts.gov/