Essay Preview: Mr
Report this essay
Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals and groups seek an end to discrimination through the resources of various agencies such as the Equal Employment Opportunity Commission (EEOC) and the state agencies, Fair Employment Practices Agencies (FEPAs). The EEOC is a government agency that has the responsibility of investigating complaints of discrimination submitted by employees in the private sector. This document will explain the processes of filing a discrimination complaint and the civil litigation process requirements in seeking relief through these channels. Though the civil litigation process starts at the state level, efforts may extend as far as the United States Supreme Court. In addition, of the complaints that reach the Supreme Court, the justices return some of these cases back to the lower courts. With these cases, some require further deliberations or they stand as adjudicated by the lower courts. (
John an employee in the private sector wants to file a discrimination complaint against his employer; there are specific steps that he must take. Prior to actually filing a suit, individuals or anyone else, must file their complaint with the Equal Employment Opportunity Commission (EEOC). Organizations or agencies may file a charge of discrimination on behalf of another person to protect that individuals identity. The charges may come by mail or presented in person to the most accessible EEOC office. United States citizens that work for U.S. firms outside the country and its territories fall under the protection of anti-discrimination laws and may file charges at any EEOC office if uncertain about which office to contact. Advance notice is standard procedure if accommodations such as a sign language interpreter or print materials in an accessible format are necessary. At the time of filing, employers receive notice of the complaint submission and as the investigation progresses the employer receives the final determination, as does the complainant.
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 process, which EEOC utilizes in determining the merits of discrimination complaints. John should be aware of this aspect of the complaint process because it helps to avoid the lengthy investigation if both parties agree to this alternative. This step is not compulsory and if not successful, EEOC receives the results and begins the investigation again from that point.
To file a charge of discrimination the documentation of the alleged discriminatory violation must include the following information:
The complaining partys name, address, and telephone number;
The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
The date(s) of the alleged violation(s)
Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing Requirements, as they are different. (
When the investigation is completed, EEOC gives notice to the complainant of the results. If EEOC does not find evidence of discrimination the complainant receives notice of the results and has 90 days to file suit on his/her own behalf. If there is evidence of discrimination, EEOC will attempt conciliation with the employer to remedy the discrimination. When the parties agree to conciliation, mediation, or settlement, neither EEOC nor the complainant may file suit unless the agreement is broken. (
The litigation process begins with charges at the state level and in the appropriate district court with payment of a filing fee, usually $150.00. The filing party may request “forma pauperis” stating they are incapable of making payment of the filing fee. (