Eeoc Legal Processes Paper

Legal Process Paper

Despite Equal Employment Opportunity laws in place to prevent discriminatory practices, offenses still occur. For example, John is an employee of a private organization and feels he has been discriminated against. John wants to lodge a complaint against his employer, but is not sure who to turn to for help. The Equal Employment Opportunity Commission (EEOC) was established to help situations that arise that are in violation of Equal Employment Opportunity laws and have developed clear, concise processes to aid people like John in filing a complaint.

According to law, anyone who feels his or her employment rights have been violated may file a claim of discrimination with the EEOC. This process can be initiated either through postal mail or by going to the nearest EEOC office and filing the complaint in person. Certain information will need to be disclosed in the claim before any further action is taken.

This information includes: the victim's name, address, and telephone number; name, address, and telephone number of the perpetrator; a brief synopsis the alleged incident(s); and the dates the violations occurred. The initial complaint must be formally filed within 180 days of the alleged incident. This is to protect the victim's rights. "This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law." (http://www.eeoc.gov/charge/overview_charge_filing.html) Once a complaint has been filed and received by the EEOC, there are many different ways it may be handled.

If the facts of the case show evidence of a legal violation, the case may be fast tracked for priority investigation. When evidence presented is not as compelling, follow up investigation is assigned to ascertain whether or not a violation has taken place.

During this process, the EEOC may encourage the two parties to settle the charge during any stage of the complaint/investigation process. If the two parties involved cannot come to a consensus, the investigation process continues. Investigation techniques used may include: requests for information, interviews with potential witnesses, document review and on site visits to the location of the alleged violation occurred. At the conclusion of the investigation, the EEOC will discuss its findings, with the parties as appropriate. The EEOC offers an alternative to investigation procedures, should both parties be willing to participate. This alternative is the mediation program.

"Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation." (http://www.eeoc.gov/charge/overview_charge_filing.html)

In the mediation process, a third party, neutral mediator tries to foster a mutually copasetic agreement between the two parties. Advantages of the mediation process include: a better work environment and expense reduction for both the employer and the employee. Mediation is free, confidential, informal and voluntary.

A complaint can be closed by the EEOC should their investigation conclude that there has not been a violation of law, and/or evidence presented does not support the alleged victim's claim. Should a dismissal occur, the individual who initially filed the claim has 90 days to file a law suit. If attempts at mediation prove unsuccessful, the formal investigation continues. If a violation is found to have occurred, the EEOC then begins conciliation proceedings.

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