Legal Process

Discrimination is rampant. In the workplace, consumption variety privy reserve various forms. harmonise to the United States peer craft probability complaint (2004.), it is illegal to discriminate in any aspect of concern. utilization discrimination shag be based on sex, race, color, religion, impairment or sexual orientation. federal and state employment discrimination laws abate employers from engaging in unfair employment practices (Justia.com, n.d.).Most of the employment discrimination cases are handled first by the equate Employment luck heraldic bearing before a case may be filed in court. According to the U.S. Office of staff office Management (n.d.), the extend to Employment Opportunity or EEO complaint process is a legal process designed to conclude allegations of employment discrimination and retaliation. The legal process sis tranquil of three parts. First is the pre complaint counseling process. Second, the pro forma complaint process. Lastly, the attract process (U.S. Office of Personnel Management, n.d.).At the counseling process, discoverhouse result be referred to an officer so that he may be apprised of his rights and the remedies do available for him under the various equal employment opportunity laws. This is where keister can be advised of the best course of action to take and the corresponding costs and benefits of the relief. The formal complaint process shall commence by and by John filed a charge and the investigation proper. At this gift, the complainant, John, and the responsive, and his employer, are already entitled to the right to appeal. Should they feel that the Equal Employment Opportunity commissioning erred in its resolution or investigation, they may file an appeal harmonize to the provisions of law.If a psyche feels that his employment rights as regards equal employment opportunity have been violated, he can start the legal combat by filing a discrimination complaint at the Equal Employment Opportunity Commission. However, it should be noted that another person may also file a complaint in behalf of another person who has been discriminated against (The U.S. Equal Employment Opportunity Commission (2007.In Johns case, he can start his complaint by filling out an intake questionnaire which shall be submitted to the nearest Equal Employment Opportunity Commission office either personally or by mail. According to the U.S. Equal Employment Opportunity Commission (2007), an intake questionnaire or other equilibrium can constitute a charge under the statutes if it contains all the development required by EEOC regulations governing the contents of a charge and constitutes a clear request for the agency to act.In order to breeze through the charge, relevant information should be provided including the names, addresses and contact numbers of the complainant and the respondent employer. A short description of the acts complained of or of the acts constituting the violation. afterward which, John should throw the Federal Sector Equal Employment Opportunity Complaint bear upon (The U.S. Equal Employment Opportunity Commission, 2007).After the complaint has been filed, the Commission leave behind inform the respondent of the nature of the complaint. Then, the Commission will act on the complaint either by referring it to a priority investigation if it appears that at that place is a convincing proof that a violation indeed happened or request for a follow up investigation should the complaint study additional evidence. However, settlement efforts can be resorted to at any stage of the investigation.In this case, should Johns employer be willing to negotiation or submit into alternative disputer resolution like mediation. However, should these efforts prove unsuccessful, the investigation shall continue. After investigation, the EEOC will issue recommendation and judgment as to the charges. After which, should the EEOC answer in regard of John, a ri ght to sue can be issued in his favor so that eh can file a formal complaint in the courts of law.The suit should be filed within 90 old age following the issuance of the right to sue (The U.S. Equal Employment Opportunity Commission, 2003). Pursuant to Title 28, U.S. Code, Section 1914, John is required to pay a filing fee, which can be given back to him should judgment be rendered in his favor together with all other costs of litigation. John should know that under the law, he is entitled to a number of remedies.He shall be entitled to back wages, reinstatement, hiring, promotion or reasonable readjustment including the payment of attorneys fees and other costs of the suit. Compensatory damages can also be awarded should intentional discrimination be found (The U.S. Equal Employment Opportunity Commission, 2003).Once a complaint is filed in court, it shall tolerate the usual proceedings in court until a judgment is rendered and the pass judgment in order for the decision to be adhered to, either in favor of John or his employer issues a Writ of Execution.ReferencesThe Federal Judiciary. (n.d.). Frequently Asked Questions. Retrieved January 12, 2008Justia.com. (n.d.). Employment Discrimination. Retrieved January 12, 2008, from http//www.justia.com/employment/employment-discrimination/The U.S. Equal Employment Opportunity Commission. (2003). EEOCs Charge treat Procedures. Retrieved January 12, 2008, from http//www.eeoc.gov/charge/overview_charge_processing.htmlThe U.S. Equal Employment Opportunity Commission. (2004). Discriminatory Practices. Retrieved January 12, 2008, from http//www.eeoc.gov/abouteeo/overview_practices.htmlThe U.S. Equal Employment Opportunity Commission. (2007). Filing a Charge of Employment Discrimination. Retrieved January 12, 2008U.S. Office of Personnel Management. (n.d.). Laws and Executive Orders. Retrieved January 12, 2008, from http//www.opm.gov/disability/appempl_5-01.asp