Legal Process

Filing discrimination complaints by a claimant against a respondent is a time-consuming process requiring detailed documentation and involvement of specialized legal personnel. Claimants use of resources may include private lawyers, witnesses, documented proof, mediators such as the Equal Employment Opportunity Commission [EEOC] or state and local enforcement agencies (706 agencies), and at times, court systems requiring a judge and possibly a jury (Bennett-Alexander & Hartman, 2004). John Clarke will file a discrimination complaint against his employer involving several processes to pursue civil litigation, processes that could take several months or several years to reach a resolution or dismissal.

While "The Civil Rights Act of 1964" was initially developed to resolve racial discrimination and goes beyond the workplace to "prohibit discrimination in housing, education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, or religion" (Chap 3, A Historic Rights Act, 2), the focus of John Clarke's complaint revolves around the processes involved in filing a discrimination complaint regarding a workplace situation.

Sonny Cornelius, official portrait from .

English: William H. Brown, chairman of EEOC

John H Powell Jr, chairman of EEOC

Bennett-Alexander and Hartman (2004) note several amendments over the past 40 years to the Title VII of the Civil Rights Act of 1964 that include "discrimination involving hiring, firing, training, promotion, discipline, or other workplace decisions on the basis of an employee or applicant's race, color, gender, national origin, or religion. Included in the prohibitions are discrimination in pay, terms and conditions of employment, training, layoffs, and benefits." (Chap 3, What Is Prohibited under Title VII, 1)

Using the example from University of Phoenix Week One Self Assessment Review (2006), John Clarke became injured at work and filed a claim for workers compensation benefits. After his employer terminated him for filing the claim, John responded by filing a discrimination suit against his employer. To initiate the discrimination claim, John contacted...