This writer will explain the beginning process of filing a discrimination complaint and civil litigation process. The writer was informed there a gentleman by the name of John who wishes to file a discrimination complaint against his employer. This writer will guide John though the legal process.
Proceeding through the EEOC
In order for John to file a discrimination complaint against his employer, he is required to file his preliminary charges with the Equal Employment Opportunity Complaint counselor or representative of the company. John (non-federal) must keep in mind that he has 180 calendar days to file the incident with the EEOC. The employer will be notified within 10 calendar days that charges have been filed. To put John at ease, the EEOC issued retaliation guidelines to make clear its view on what constitute retaliation for pursuing Title VII rights and how it will view such claims by employees. (University of Phoenix, 2005) On the other hand, federal employees, claims are file with their employing agency within 45 calendar days of the event.
After the filing of a complaint and notice to the respondent, until recently the EEOC would then investigate the complaint by talking with the parties and any other necessary witnesses in an attempt to find out if there was reasonable cause for the discrimination alleged.(University of Phoenix, 2006) Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. (Equal Employment Opportunity Commission, 2006) On the other hand, both parties can seek to settle the charges at any point during the investigation. If settlement decisions are not meet, the investigation proceeding continues.
If the parties choose no to mediate the charge or the mediation is not successful, the charges...