John Doe Discrimination Claim

Essay by mezziahUniversity, Bachelor's July 2005

download word file, 4 pages 5.0

ZYX Corporation's human resource department has been hit with discrimination allegations of policies that cause disparate impact. The Civil Rights Act, Title VII prohibits policies that foster such impact. Additionally, John claims there are policies that indirectly foster gender discrimination with a disparate impact: men aren't allowed to have pierced ears or hair past their collars; these policies do not apply to women. ZYX Corporation must thoroughly address the accuracy and fairness of their policies in order to eliminate reasonable cause of discrimination, terms for the EEOC to grant a right-to-sue letter, resulting in exhaustion of administrative remedies. If John Doe believes if he continues to be discriminated against he may file a claim with EEOC and if John wins, ZYX Corporation may be liable to pay front pay, back pay, retroactive seniority (or in his case the promotion), make-whole relief (which required the employer to place the claimant in a position he would have been otherwise), compensatory damages, punitive damages, attorney's fees, etc.

To prove Doe's claim he must show: disparate treatment, intentional discrimination against a class, or disparate impact. On the other hand if ZYX Corporation proves its independence from liability with bona fide occupational qualification reasoning or that it is a business necessity, then John Doe will risk his job and all expenses incurred during the process.

John Doe believes that his rights have been violated. The first thing that John must do is contact his nearest EEOC office to file the official charges against his company. Charges that John claims violate his Title VII rights. John will need to provide the EEOC with his name, address, and telephone number as well as the name, address and phone number of the employer, employment agency, or union that he claims violated his rights. John also has to provide...