Legal Process

Essay by tmasseyUniversity, Bachelor'sA, August 2014

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Legal Process

Tennile Massey


August 20, 2014


Employment Law can be defined as "laws that govern the employer/employee relationship which includes individual employment contracts, and a large group of statutory regulation on issues such as the right to organize and negotiate collective bargaining agreements, protection from discrimination, wages and hours, and health and safety" (Dictionary, 2014). Employment discrimination is "discrimination based on one's race, sex, religion, national origin, physical disability, and age by employers" (Dictionary, 2014).

As an employee in a private sector organization, employment laws safeguard John from discrimination by his employer. For John to be able to file a complaint for racial discrimination, John would have to be of a minority population; as Title VII of the Civil Rights Act of 1964 offers protection from this form of discrimination. Alike, if John is over the age of 40, the ADEA offers him protection from age discrimination.

Other types of discrimination could have to do with disabilities, harassment including sexual, social class and sexual orientation.

The process by which John must follow to file a complaint includes completing and submitting a questionnaire to the EEOC within 180 days of the actual violation. The EEOC must address each claim that is filed with them, so within 10 days of receiving the complaint; the EEOC will notify the employer (EEOC, 2007). Once the employer is notified and responds, "The EEOC screens the charge to see if it is one that is appropriate for mediation. If it is appropriate for mediation, EEOC will offer that option to the parties" (Bennett-Alexander and Hartman, 2007).

Both the employer and employee have 10 days to respond to the offer for mediation by the EECO. Should either not agree to the mediation; the EECO will at that point put the case under review.