Internal And External FactorsEssay Preview: Internal And External FactorsReport this essayDiscrimination 1Discrimination CompliantEmployment LawMGT 434Thursday, January 18, 2007Discrimination 2AbstractThe Constitution of the United States was put in place so that individual rights would be protected regardless of race, creed, color or national origin. When an individuals rights are violated i.e. in the workplace, there are systems set in place to right the wrong. The Equal Employment Opportunity Commission (EEOC) was put in place to protect the rights of an individual in the workplace. If the case cannot be handled by the EEOC then the matter will proceed from the state level, through the Federal court on up to the Supreme Court until the matter is resolved. There can only be one winner and the plaintiff must have sufficient evidence to support the claim.
Discrimination 3In the discrimination complaint and civil litigation processes there are certain steps and different aspects that need to be addressed before the matter can be resolved. A discrimination complaint can be defined as unfair treatment of a person on the basis of prejudice. An example of discrimination could be that the person was treated unfairly due to their race or gender. When an individual feels that his rights have been violated then he must file a complaint. The individual filing the complaint must go through the Equal Employment Opportunity Commission (EECO, 2003, p. 1). If the compliant can not be resolved at that level, then the case may proceed through the civil, state, federal and even up to the Supreme Court.
When John files a discrimination complaint with the EEOC he may do so either in person or by mail. He must provide his name, address, and telephone number as well as the name, address and telephone number of the respondent employer who is alleged to have discriminated (EEOC, 2003, p. 1). John must provide a description of the discrimination act and the date(s) that the act took place. In addition, John has 180 days from the date of the alleged violation to file with the EEOC in order to make sure his rights have been protected. The employer also has to be notified that the charge has been filed against them. The EEOC will conduct an investigation to determine whether of not an act of discrimination has occurred and what the best course of action will be to proceed.
“If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this letter of determination that explains the finding. If the case is successfully conciliated, or if a case has
Discrimination 4earlier been successfully mediated or settled, 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 (EEOC, 2003, p.3).
After the receiving the notice of a “right to sue” from EEOC the party that filed the discrimination charge may file a lawsuit. In order for the individual to begin the civil lawsuit in federal court, he has to file with court and serve a copy of the complaint to the employer. The compliant will describe in detail how the individual was caused harm, and how the employer caused this harm. The individuals intent may be to get money from the lawsuit or just to right a wrong. To prepare the case for trial an investigation has to be conducted and each party is privy to the findings. “The courts encourage the use of mediation, arbitration, and other forms of alternative
”. The filing of an effective lawsuit on a class action or other cause to seek action on behalf of an individual who engages in sexual harassment can be accomplished with mediation, a hearing, or a mediation committee. „ In some cases a court may ask a plaintiff to file a declaratory, summary, or certification of claims. This may include an application for summary judgment against the plaintiff seeking an injunction against the class action. On other cases, the parties may ask a court to grant summary judgment, with some exceptions. While a summary judgment may be granted for certain actions and a declaratory judgment is often accepted, it has a limited effect. In that case the court may require the class’s counsel to be present to answer any questions or issues raised in any action and to return any response. There are a number of ways to obtain injunctive relief with respect to class actions. A court may order that a plaintiff be treated as a ‘partner of the defendant or a class representative.’ In so doing the court may order a plaintiff to have his or her property in dispute restored, or an injunction lifted. If an employee files an action to recover property in dispute, the court may also order that the damages recoverable to the employee be reduced accordingly, in the amount determined under Rule 8.18(b), or that the employee be deprived of employment for a period of ten years after the date of suit. The employee must be identified by his or her legal name and a signature of the plaintiff, and may be required to furnish an affidavit of legal authority and cause of action or certification of claim. § 819(a)(3) § 819(a)(4) § 819(a)(5) § 819(a)(6) § 819(a)(7) Title 8 U.S.C. 1814(a)(1) Title 8 U.S.C. 1849(a)(1) § 819(a)(1)(F) § 819(a)(1)(W) Title 18 U.S.C. 1541 to 1542 (e) § 819(a)(1)(I) § 819(a)(1)(D) §§ 819(a)(1) to (m) § 819(a)(1)(III) § 819(a)(1)(V) § 819(a)(1)(VI) § 819(a)(1)(VII) Title 9 U.S.C. 1093 §§ 823, 1212 § 824 § 825 $ 3.50 for an individual who is sued as a class for a