Discrimination Complaint and Civil Litigation Process.

The purpose of this paper is to go over a lawsuit that was filled by the United States Equal Employment Opportunity Commission. The paper will cover who the EEOC (Equal Employment Opportunity Commission) is and their role in the lawsuit. It will go over whether or not the lawsuit promotes social change. The paper will also go over how the EEOC as well as other news groups released information about the case to the public. I will then give my take on how I would implement new strategies to make sure the problem does not come up in the workplace again.

In our situation a complaint was never filed with the company letting us know the employee was unhappy or giving us the opportunity to respond to the situation. Therefore the company was unaware of creating an intolerable working condition for that employee and we did not intentionally do it. The company experienced growth so the production schedule changed for all employees. The

Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.

The EEOC carries out its work at headquarters and in 50 field offices throughout the United States. Individuals who believe they have been discriminated against in employment begin the processes by filing administrative charges. Individual Commissioners may also initiate charges that the law has been violated. Through the investigation of charges, if the EEOC determines there is "reasonable cause" to believe that discrimination has occurred, it must then seek to conciliate the

At this point, Employee B has 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC may ask Employee B to settle through mediation and in the event that mediation cannot settle the claim, it is then the responsibility of the EEOC to investigate any claims made by employees, report findings and settle any charges. In some cases, the EEOC will file lawsuits to protect individual rights.

The United States Supreme Court, as well as federal district and state courts, defines employee rights and an employer’s liability for employment law violations. Treatment on the job, including hiring, firing, and promotions, must be based on qualifications and merit and not on race, gender, age, sexual preference or how one responds to sexual advances. Yet despite these laws and policies, many employees continue to suffer from workplace harassment and employment discrimination.

I would encourage the company to engage and contest the EEOC in an arbitration/mediation on the constructive discharge complaint. Below are the reasons the company should take this avenue regarding the claim.

Charges of workplace discrimination is said to be at an all time high. During the 2015 fiscal year the U.S. Equal Employment Opportunity released information that claims there were more than 89,000 charges filed for workplace discrimination. One of the top ten charges is said to be retaliation, which had an estimate 39,757 cases in 2015, which is 44.5 percent of all charges filed. Retaliation is said to be in violation of the Title VII of the Civil Rights Act of 1964, For the purpose of this research paper I will provide the understanding of both Acts, while also taking a case that deals with to provide the basis of the case, the findings, and the outcome of the charges.

Plaintiff, Deborah Burke, submits this memorandum in opposition to Defendant Strickland Watson Pierce, P.C.’s Motion to Dismiss. Plaintiff’s retaliation claim should not be dismissed because she exhausted all the administrative remedies by filing a charge of discrimination with the EEOC and being terminated during the investigation. Jones v. Calvert Group, Ltd., 551 F.3d 297 (4th Cir. 2009); Clockedile v. New Hampshire Dept. of Corr., 245 F.3d 1 (1st Cir. 2001); Franceschi v. U.S. Dept. of Veterans Affairs, 514 F.3d 81 (1st Cir. 2008). Further, the conduct she suffered in the workplace was sufficiently severe to qualify as a sexually hostile environment. The Court should deny the motion.

In cases where the EEOC determines that there is reasonable cause supporting the employee’s complaint, the EEOC must attempt to eliminate the unlawful employment practice through the conciliation process. When the conciliation process is unsuccessful, the EEOC may file a civil lawsuit against the employer. On the other hand, if the EEOC determines that there is no cause to support the employee’s complaint, then the EEOC issues a notice of right to file suit. When the EEOC issues a notice of right to file suit

The Equal Employment Opportunity Commission (EEOC) receives several charges related to the allegations of retaliation. In view of this, the EEOC has recently issued the final Enforcement Guidance on Retaliation and Related Issues (Guidance) in order to replace 1998 Compliance Manual section related to retaliation. In addition to the Guidance, the EEOC has issued two other documents—a brief Small Business Fact Sheet condensing the key points of the Guidance—and a question-and-answer summarizing the Guidance.

• Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing (U.S. Equal Employment Opportunity Commission, 2003).

Being in the Entertainment Industry you must be very careful on what material you decide to use and how you use it, especially if you don’t have permission. In the following articles: Karaoke Track Owner Sues New York Business for $2M, Why Sean Penn and Other Celebrities are Suing to Protect Their Personal Brands, and Byron Allen Tries Again in Racial Discrimination Lawsuit Against Comcast , there will be discussions of lawsuits on copyright infringement, defamation of character and racial discrimination. These are legal liabilities that I feel would possibly impact my Karaoke company if the correct steps aren’t taken.

Understanding the advantages and disadvantages of arbitration versus litigation can educate employees preparing to sign employer imposed employment agreements. Two-fold, employers should develop and implement employment agreements that serve the goals and objective of the company while preserving the rights and protection each employee is afforded under the law. The arbitration process involves two parties that are in a dispute, and they use an impartial third party to seek resolution in a private venue. Litigation on the other hand is a formal process, which utilizes a court-of-law in a public venue. The privacy afforded by arbitration is attractive to employers because it can keep the subject of the arbitration sealed. However, if an employee’s rights are being violated, it can be difficult for the employee to address the violations. The speed and cost of arbitration weigh in favor of both parties. Regardless of the situation, it is in the best interest of both parties to resolve the issue as quickly as possible with minimal costs. On the other hand, litigation can take months to schedule and cost significantly more money to hear the case tried in court. Based on these examples, employers will work to develop and implement agreements that focus

3. The Industrial Disputes Act, 1947- (i) The employer in relation to every industrial establishment in which 50 or more workmen shall provide for a Grievance Settlement Authority for the settlement of industrial disputes connected with an industrial workmen employed in the establishment. The provisions of the Authority shall be in accordance with rules made in that behalf. (ii) Where an industrial dispute connected with an individual workman arises in an establishment referred to above, a workman or any trade union of workmen of which such workman is a member may refer such dispute to the Grievance Settlement Authority for settlement. (iii) The Grievance Settlement Authority shall follow such procedure and complete its proceedings within such period as may be prescribed. (iv) No reference shall be made to boards, Courts or Tribunals of any dispute referred to in this section unless such dispute has been referred