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Legal Process Paper

To make sure employees are protected from discrimination in the workplace, the federal government has adopted many laws. John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. Based on this scenario, if an individual believes the he or she has been violated, they may file a charge of discrimination according to Equal Employment Opportunity Commission (EEOC) (EEOC, 2008). In addition, to protect a distressed person’s identity, an individual, agency, or organization may file a charge on behalf of that person. The charge can be filed in person or by mail. In this paper, we will analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer.
When John plans to make a complaint to against his employer, there are a few things that he needs to keep in mind. First off, John needs to file a charge. A private sector employee charge filed on John’s behalf needs to be done 180 days from the date of the alleged violation in order to protect his rights (EEOC, 2008). A charge needs to be filed with EEOC before a private lawsuit may be filed in court. “The Equal Employment Opportunity Commission (EEOC) is made up of five commissioners and a General Counsel appointed by the President and confirmed by the Senate. The General Counsel for the EEOC is responsible for conducting EEOC enforcement litigation under Title VII of the Civil Rights Act of 1964 (Title VII), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA)” (EEOC, 2008). John needs to visit the nearest EEOC office to fill out an intake questionnaire. The intake questionnaire that he fills out at the office or mails in can amount to a charge if it contains all the information that makes up the contents of a charge and amounts to a clear request for the EEOC to act. If facts appear to support a violation...