Employment Law: Legal Process for a Discrimination Complaint

1424 Words Jun 5th, 2006 6 Pages
Employment Law: Legal Process for a Discrimination Complaint

The purpose of this assignment is two-fold: (1) analyze a scenario in which an employee wishes to file a discrimination complaint against his/her private sector organization and (2) explain the civil litigation process for such a claim. "Litigation refers to the process by which cases are brought and prosecuted in the court system" (Legal Advice for Free, 2005a). In the case of a discrimination suit, the civil litigation process begins with filing the complaint with the Equal Employment Opportunity Commission (EEOC) and, if necessary, proceeds from the state level up to the United States Supreme Court.
Analyzing the Scenario
Scenario: "John is an employee in a private
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89).
• Step Three: The EEOC refers the opposing parties to mediation.
To filter out invalid claims and to save litigation costs, the EEOC recommends mediation between the two parties. Each party has 10 days to respond to the mediation referral; if both parties agree then mediation begins within 45 to 60 days depending on the method of mediation, whether it is handled externally or internally (p. 90).
• Step Four: The EEOC investigates the claim.
If mediation is rejected or unsuccessful, the EEOC will investigate the claim by interviewing the employer, employee, and any witnesses to determine if there is reasonable cause (p. 90).
• Step Five: Reasonable or no-reasonable cause findings.
If reasonable cause exists, the EEOC recommends conciliation. Similar to step one, the parties are given another chance to settle the dispute outside of court. "The majority of claims filed with the EEOC are adequately disposed of at this stage of the proceedings" (Bennett-Alexander, 2003, p. 90).
If the EEOC finds no reasonable cause exists (there is no reasonable basis for the illegal act of discrimination), the employee (plaintiff) is notified of the right-to-sue. The employee has 90 days to bring the charges to court for judicial review.
• Step Six: Taking the case to federal court.
Once the EEOC has completed its handing of the case and if the plaintiff proceeds by filing the charges with the federal

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