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Legal Process Paper

Legal Process Paper
John Doe is an employee in a private sector organization and wishes to file a discrimination complaint against his employer…what does he need to do in order to see this through? The great thing today is employees who suspect they have been a victim of employment discrimination may file a charge or a claim with the Equal Employment Opportunity Commission (EEOC) (Bennett-Alexander & Hartman, pg 88). In order to fully understand what this means, let's dig a little deeper and identify the necessary steps to see John's claim through.
For starters, John needs to go to his nearest EEOC office and file an EEOC complaint or he can mail his complaint to the EEOC office. (Bennett-Alexander & Hartman, pg. 91 & www.eeoc.gov). You may be wondering….who can file a charge of discrimination? The answer is any individual who feels their employment rights have been violated in some way may file a claim with the EEOC. In addition, an individual, organization or agency may also file a charge on behalf of another individual in order to offer protection of the individuals' identity (www.eeoc.gov).
After the complaint is filed with the EEOC, the EEOC will serve notice of the charge with John's employer. This notice must be given to the employer within 10 days of the claim with the EEOC (Bennett-Alexander & Hartman, pg 89). Keep in mind that John has to file his claim with the EEOC within 180 days from the date of the alleged discriminatory act as a nonfederal employee and would only be given 45 days as a federal employee to file the same claim. If this charge is covered by a state or local anti-discrimination law an additional 120 days are granted (www.eeoc.gov).
Next comes a referral to mediate…so what does that mean exactly? After the complaint has been filed and the employer has been notified, a mediation referral may be suggested. If a case is weak or extremely complex, the EEOC may not offer mediation, however if mediation is felt necessary,...