Legal Process Paper



Abstract

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This is the scenario for this legal process paper: John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. Analyze and explain the following discrimination complaint and civil litigation processes as it would potentially apply to John and his employer. Explain in detail how the complaint begins with the Equal Employment Opportunity Commission, EEOC and proceeds through the civil litigation process from the state level up to the U. S. Supreme Court.

Introduction

The Equal Employment Opportunity Commission, EEOC, in the United States has a number of roles in ensuring that the people receive equality in their working conditions. This Commission prohibits any kind of discrimination within the working areas, both public and private sector organization. With this scenario whereby John with is an employee with a private sector organization and wants to file a discrimination complaint against his employer, a civil litigation process will potentially apply to the two (EEOC, 2008). In such case, different forms of discrimination are possible in the workplace, and such range from color, race, sex, religion and even harassment or unequal salaries, or even on someone having a particular disability. All these forms of discrimination have been greatly prohibited by the EEOC.

John’s Litigation Process from the State Level to the Supreme Court

The Civil Rights Act of 1964, Title VII, is one of the laws highly pushed by the EEOC. This law specifically makes it extremely illegal in discriminating against anyone in the country either by color, race, sex or religion. The same law makes it extremely illegal for anyone to retaliate or torture a person due to a given reason. The individual who complains of the discrimination is supposed to file the discrimination charge. This means that John will have to file a lawsuit or employment discrimination (Goldman & Hughes, 2008). The law will as well require all employers to reasonably accommodate and understand the sincerity of the applicant’s or employee’s claims. John will hence base his lawsuit with Title VII of the Civil Rights Act of 1964. It is necessary to report the matter to the EEOC so that the commission can help with the litigation process. In this case, the entire litigation process must take a given path as they it does apply to both the employee and the employer within a private organization as in this case.

The first requirement will be for John to file the discrimination in accordance to a number of steps. The first thing is to file this complaint with the EEOC, and this is supposed to be filed in 180 days after the discrimination (EEOC, 2008). This takes ten days after filing a complaint that John will be issued with a notice of successful filing of the discrimination. This will then be followed by a reconciliation that takes place with the EEOC (Goldman & Hughes, 2008). For instance, EEOC is basically composed of five individuals and general counsel usually a president appointee. It is the role of EEOC to enforce and litigate the entire process in accordance with Title VII enacted in 1964. It is after this when the EEOC goes ahead to determine the appropriateness of an investigation. This is done in accordance with the kind of discrimination reported. Sometimes more than one follow-up procedures of investigation might be adopted in the process. It is after the EEOC’s investigation that the information gathered will be discussed between the employer and the John who is presents the charge. It is at this stage when EEOC weigh the presentations and options so as to dictate the next step of the process.

Should the presented findings fail to prove any kind of discrimination as presented by John, the filing will have to be disqualified. Should the kind of discrimination be succinctly established, then the commission will summon the employer and try to present a considerate resolution between the two (Goldman & Hughes, 2008). During this mediation process in the state level, a third party is needed so as to reach a conclusion in a way which helps both the two parties. Should the two parties fail to come to some resolution, a jury or a judge will have to resolve this issue. It is after one party has lost in the jury that it has the power of appealing the decision arrived at. The appellant will have to prove of an error and enhance the need for this kind of decision to be overturned. It is at this stage that three judges will have to consider the views from both parties and then make a final decision or even suggest for an argument within the courtroom. This Court of Appeal will give the final verdict. However, a petition can be filed which asks the country’s Supreme Court to effectively examine the already stated case for proper judgement. More often, this point might never be reached. This is the case since this court deals with more serious legal issues involving courts (Goldman & Hughes, 2008). However, should this stage be witnessed with John’s Discrimination case against his employer, we may have the Supreme Court required to listen to this case as a requirement of the law. Alternatively we may have the review process overturned by the court.

Conclusion

Once John, or any other person who has been discriminated, files a similar case, both the employer and the complaint should be willing to expect an extra-ordinarily long process of the law (U.S. Courts: The Federal Judiciary, 2008). However, such laws and requirements have been necessary since they prevent people from being violated whatsoever by their employers. Once one has been discriminated like John, it is required that he stands for the right until justice has been done in the very end. Since discrimination is something on the increase, it is required that the law should be followed in order to make all people free and be offer them adequate rights in their places of work.

References

Equal Employment Opportunity Commission, EEOC. (2008). Retrieved on May 21, 2008 from <http://www.eeoc.gov>

Goldman, T. & Hughes, B. (2008). Civil Litigation: Process and Procedures. New York: New Press.

U.S. Courts: The Federal Judiciary. (2008). Retrieved on May 21, 2008 from <http://www.uscourts.gov>


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