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In the following scenario John, an employee in a private sector organization, is looking to file a complaint against his employer for discrimination. The process that follows such a claim has the potential to be a long one but it has been designed over the years to protect not only the employee but also the employer from a lengthy litigation process.
The very first step in this process is for John to file a claim, which can be the toughest part. "Filing a claim against an employer is a serious matter. Most employees work because they must in order to finance their lives. Doing anything to interfere with that is a shaky business. There are far more people who have legitimate claims who choose not to pursue them than those who do so, or who do so for questionable reasons" (Bennett-Alexander & Hartman, 2012).
If John is serious about filing a claim he must start at the beginning. This means going to the Equal Employment Opportunity Commission (EEOC) which is the agency that has designed the laws that govern employees and employers on complaint procedures for any discrimination disputes. Once the complaint has been filed the EEOC will then notify the employer that the discrimination claim has been made against. Keeping in mind that the EEOC will take every step possible to avoid legal encounters, when applicable, they will then encourage a mediation process consisting of two phases. This first of these phases, if agreed upon by both parties involved, will allow the EEOC to recommend a mediator and step away while the two parties resolve the situation. If this phase fails in both...