Legal Process Paper
The Equal Employment Opportunity Commission (EEOC) is a Government agency, which exists to protect all of us from employment discrimination based on race, color, sex, national origin, religion, retaliation, age and disability. Individuals, like John, who feel their employer has discriminated against them for any of these reasons have the right to file a complaint through the EEOC. This paper will outline the complaint process and attempt to explain the civil litigation that may follow if the EEOC, through arbitration and mediation cannot settle John's complaint.
According to the EEOC website, (www.eeoc.gov) John's first step in processing his complaint through the EEOC is to contact an EEOC counselor before even filing a complaint. This contact needs to take place within forty-five days of the matter alleged to be discriminatory. The counselor is responsible for providing advice to the individual making the complaint on how the EEOC process works.
The EEOC counselor then has thirty days from the date of John's initial contact with the Equal Employment Office to provide in writing to him his rights and responsibilities in the EEO complaint process.
After these requirements have been satisfied, there is a formal complaint process. According to the EEOC website, (www.eeoc.gov), A complaint must be filed against the agency that allegedly discriminated against the individual within fifteen days of receipt of the Notice of Final Interview. The web site also states, "The complaint must be a signed statement from the complainant (John) or the complainant's attorney, and contain the complainant's (or representative's) telephone number and address. It must be sufficiently precise to identify the complainant and the agency, and describe generally the action or practice which forms the basis of the complaint. 29 C.F.R. Section 1614.106".
An agency may dismiss an entire complaint prior to requesting a hearing.