Employment Law: Legal Process for a Discrimination Complaint

I was impressed with the oral argument of Vance V. Ball State University case. When I first listened to the oral argument I gained a clear understanding as to why petitioner Vance reason where for filing a lawsuit. Equal Employment Opportunity Commission (EEOC) enforcement under Title VII of the Civil Rights Act of 1964; make it unconstitutional for employers to discriminate against employees on the basis of race, color, religion, national origin, or sex (EEOC, n.d., para. 1). Due to the power that businesses needed to fire workers spontaneously, government and federal laws have been set up to guarantee that purposes behind end are defended and that separation does not assume a part in one's capacity to keep up their occupation (Szypszak,

     If an employee alleges discrimination in the workplace, they may file a complaint with the EEOC. As the claims process furthers, the EEOC will move forward and file suit in federal court if reasonable cause is shown and no conciliation is made between the employer and employee. If no reasonable cause is shown, the EEOC will send the employee a right to sue letter. In alleging discrimination, it is important for both parties to be aware of the theories by which a lawsuit may be brought. A discrimination lawsuit must fit under disparate treatment or disparate impact in order to be recognized under Title VII.

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.

Discrimination complaints are subject to strict time limits and must be within 180 days of the offense unless the offense is also under coverage by state or local anti-discrimination laws. However, only state laws have the capacity to extend the time of filing limit to 300 days. If the charges fall within the scope of the Equal Pay Act (EPA), the time limitations do not apply, but because claims also fall under Title VII sex discrimination, most claimants are under advisement to file charges under both laws with observance to the strict time limits of each. Mediation is another step in the complaint

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

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.

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?

Marcus Ashmore and Terrell Lee Green were maintenance workers for J.P. Thayer Co., Inc. under supervisor Gene Fye. After a particular incident of harassment on January 16, 2001, Plaintiffs reported Fye to Tricia Johnson, the Assistant Property Manager. At this time, Johnson did nothing about the complaint. The harassment continued, and on January 26, Plaintiffs complained to the Property Manager, Mary Frances de Rivera. In response, de Rivera verbally reprimanded Fye. This, however, did not stop Fye’s harassment. Instead of reporting the behavior to Defendant, Plaintiffs hired an attorney who wrote a letter to Defendant saying that Ashmore and Green were going to file charges of discrimination with the EEOC. On February 22, Fye was fired by Defendant. This came three days after getting the letter and about a month after the initial harassment complaints.

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 retaliation is for filing the agency complaint itself.” 245 F.3d at 6. Similar to Clockedile, where retaliation consisted of relocation pending investigation, the retaliation in Plaintiff’s case also happened during the EEOC investigation. Id. at 2-3. Pl.’s Compl, ¶25-26, Jan 11 2016. Additionally, Plaintiff’s case is even more compelling, as the retaliation consisted of actual termination, and the court in Clockedile considered relocation to a worse place enough to meet the standard. Id. While this case was decided just a little before Morgan, the First Circuit upheld the same standard years after Morgan in Franceschi by ruling that “a claim of retaliation for filing an administrative charge with the EEOC is one of the narrow exceptions to the normal rule of exhaustion of administrative remedies” and may be “bootstrapped” to the charge/s filed prior. 514 F.3d at 86-87. The plaintiff in Franceschi did not exhaust their administrative remedies on the first charge as they did not wait to receive the right-to-sue letter before suing; however, the Plaintiff meets the standard as they sued for retaliation after exhausting their remedy by receiving the right-to-sue letter on the charge filed. Id. at 86-87; Pl.’s Compl, 5-8, Jan 11,

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

rally, if mediation and conciliation were unsuccessful, under the law, the claimant is still entitled to a trial de novo (new trial) After the EEOC issues a Letter of Determination and a Notice of Right to Sue; the claimant may file the case in Federal District Court. There, he or she can add new evidence, eyewitnesses, and testimonies; as if there had been no previous investigation. Importantly, the Supreme Court holds, because the EEOC is not subject to state statutes of limitation; therefore the claimant's suit does not have to be filed in court within180 days (6 months) after the claimant files the initial charge(s). However, the claimant must file their suit in District Court within 90 days; after receiving the EEOC Determination and

After a charge is rejected, both parties will receive a notice stating this. This is allowing the charging employee a 90 day time limit, to decide if they which to file a lawsuit against the employer (www.eeoc.gov, 2003).

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