Legal Process Paper

Essay by M. KukoyiUniversity, Master'sA+, January 2006

download word file, 5 pages 4.7

An employee of the name of John works for a private sector organization wants to file a discrimination complaint against his employer. But before he can file the complaint he needs to file a charge with the Equal Employment Opportunity Complaint (EEOC) counselor first, as soon as this is done an investigation will take place. In this case, John is given a certain number of days to file a lawsuit on his behalf. This process would have to go through several lengthy stages such as the EEOC administrative process. If gone to trial it must go through filing of a summons, response and answer, discovery process, enlisting of experts, pre-trial, actual trial and a possible appeal.

In the EEOC's Charge Process, John must go to his EEOC's representative within this company and file a complaint. This is considered the administrative process. Pertinent information must be given about the plaintiff and defendant such as name, address and phone number, the date and a brief description of the charge.

Once the charge has been filed the employer is notified that charges have been filed. The charge would be thoroughly investigated. A written description and date of alleged violation is requested again; interviews with people, documents are reviewed; and sometimes the facility is visited which the alleged discrimination occurred. As an alternative the charge may be assigned to the EEOC Mediation Program instead of an investigation, which both parties must consent to. If the mediation is unsuccessful, the charge returns back to investigation. There is a possibility that the charge be dismissed. If this is the case, John will be able to file a lawsuit on his behalf within 90 days.

After given the notice of a right to sue from EEOC, John can then file a lawsuit within two years. This is...