Respondent Union Pacific Railroad Company ("Union Pacific"), submits this position statement in response to the discrimination charge filed by, Terry Scharfe ("Complainant"). The Complainant claims that Union Pacific discriminated against in retaliation for a prior complaint of harassment and on the basis of disability when he was discharged from his position as a Special Agent with the Union Pacific Police Department.
The U.S. Equal Employment Opportunity Commission (EEOC) holds the responsibility of enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on a person’s race, color, religion, sex (including pregnancy, gender identity and sexual orientation, national origin, age (40 or older), disability and/or genetic information (U.S. EEOC, 2016a). The EEOC laws cover most employers with at least fifteen employees as well as labor unions and employment agencies (U.S. EEOC, 2016a). The EEOC has the ability to investigate charges of alleged discrimination against employees who are employed by organizations covered by the EEOC. The EEOC not only uses these investigations to protect alleged victims, they also use them as an education tool for organizations. The EEOC conducted an investigation based on racial discrimination in the EEOC v. Alliant Techsystems case, which was settled in 2012 when they paid the alleged victim in relief expenses.
The Equal Employment Opportunity Commission (EEOC) may take action when an investigation shows that there has been a violation in a person’s civil rights just because of his or her attributes.
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
Equal Employment Opportunity Commission (EEOC) enforces the federal laws that make it illegal to discriminate against a job applicant or employee. An employer cannot discriminate due to a person’s color, religion, race, gender identity, sexual orientation, pregnancy, national origin, age (40 years or older), genetic information or disability. This applies to wages, harassment, training, benefits, hiring, and firing. EEOC’s role in any investigation of discrimination is to accurately and fairly take in the information of the charge and then make a finding. If the EEOC found that there was indeed a discriminating case then they will try to settle it. If the employer does not settle then the EEOC may file a lawsuit. (Overview.
EEO states which is that EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. These laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
EEOC’s role in this case was to file lawsuit against the employer (Exel) on behalf of the
3. In seeking to ensure conformance to EEO laws, what evidence of discrimination does the EEOC look for? In which areas of management is this most likely to occur?
On August 19, 2008, Mr. Contonius Gill filed a Charge of Discrimination with the EEOC claiming race discrimination and retaliation for being discharged for complaining about racial harassment. On August 10, 2008 Mr. Gill filed an Employment Discrimination Complaint with the North Carolina Department of Labor. On June 2011, the U.S Equal Employment Opportunity Commission (EEOC) filed a single complaint alleging that Mr. Gill, plaintiff, was subjected to a racially hostile environment from May 2007 through June 2008, pursuant to Title VII of the Civil Rights Acts of 1964 and Title I of the Civil Rights Act of 1991. The matter was filed against A.G. Widenhouse, defendant.
The religious discrimination lawsuits filed in federal court with the EEOC indicate that there were employees who believed their religious rights were not being protected. For example, Omari v. Waste Gas Fabricating Co. was a 2005 9/11 backlash case. Omari, a Muslim from Algeria, filed a claim with the EEOC for discrimination, hostile work environment, and retaliation under Title VII. Omari claimed that he was repeatedly called “Osama, terrorist, cave dweller, camel driver,” and was accused of making bombs and questioned as to whether or not he knew how to drive a plane into a building. Omari rejected the accusations and tried to explain that he was not an Arab, but the comments did
The Equal Employment Opportunity Commission of 1965 (EEOC) was cited as a federal government agency to address discrimination. Federal government agencies must ensure equality among people in getting jobs without considering race, color, religion, sex, age or national origin. Title VII of the Civil Rights Act of 1964, which forbids job discrimination on the ground of race, color,
165). The EEOC’s main job is enforcing the federal laws that were put in place for unlawful employment actions. When a claim is filed the EEOC will first try mediation but both parties have to accept this option before it can happen. If mediation is not an option the EEOC then has to start their investigation which will involve questioning employees. If the EEOC feels the claim is true they will then try to get the employer to change their ways and if they feel the claim is false they will send out a right-to-sue- letter. Claims filed against government agencies go straight to the attorney generals and if there is a local law in regards to the complaint made then the claims has to first be filed with the state then the EEOC. Since the EEOC was established there have been thousands of cases filed and surprisingly retaliation tends to be the top reason people file claims, racial discrimination is a close second though. Retaliation can sometimes occur when an individual files a complaint against the company they work for, this can obviously make a company look bad and some managers react in ways they shouldn’t. It is important to still always file claims against wrongful employment acts/discrimination regardless of what may come after you do; you also only have 180 days to file a claim with the
This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.
The EEOC laws, or Equal Employment Opportunity Commission, are federal laws that enforce employers to not discriminate against applicants of any background. Discrimination by types such as age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment are all protected under the EEOC laws. It is also illegal for an employer to “discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” (EEOC , n.d.) The EEOC laws are to help serve justice and to create an equal work environment for people of any kind. The EEOC wants to accomplish the goal of having every applicant to feel at home without being discriminated against. These laws not only affect an employer hiring an applicant however; it affects them in firing, promoting, harassing, training, wages, and benefits. The EEOC’s role is to help find out if any applicant is being discriminated against and to help