Legal Process Paper

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Legal Process Paper University of Phoenix Employment Law MGT/434 Patrice D. Carrington, Esq. March 3, 2009 Legal Process Paper John’s first step in the process is to go online or visit the nearest EEOC office. There they have an assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to give John help, Part one asks general questions about the complaint. John will be asked if he wants to complete Part two after he answers the Part one questions which will ask more specific questions about his situation and will allow him to submit this information to the EEOC for follow-up. Completing this two part assessment system is not the same as filing a charge. If John wants to sue his…show more content…
EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination. • If the case is successfully conciliated, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored. • If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf (U.S. Equal Employment Opportunity Commission, 2003). A lawsuit can be filed by a charging party 90 days after receiving a “right to sue” notice from EEOC. Also the charging party under Title VII and the ADA can request a notice of “right to sue” from EEOC 180 days after the charge was first filed with the Commission, and may bring suit within 90 days after receiving this notice. A lawsuit must be filed within two years (three years for willful violations) of the discriminatory act under the EPA. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and serves a copy to the defendant, which describes the injury to the plaintiff and how the defendant caused the injury and asks the court to order relief. A plaintiff may seek monetary compensation
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