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Discrimination Legal Process Essay

1007 words - 5 pages

The Equal Employment Opportunity Commission (EEOC) is a Government agency, which exists to protect each and every one us from employment discrimination based on race, color, sex, national origin, religion, retaliation, age and disability. Individuals who feel that their employer has discriminated against them for any of these reasons have the right to file a complaint through the EEOC. This paper will outline the complaint process and attempt to explain the civil litigation that may follow if the EEOC, through arbitration and mediation cannot settle a complaint.According to the EEOC website, (U.S.EEOC, 2004) the first step in processing a complaint through the EEOC is to contact an EEO ...view middle of the document...

Here are a few of the reasons an agency may use: Failure to state a claim or stating the same claim that has been decided by the agency or the EEOC. Failure to comply with the time limits. Filing a complaint on a matter that has not been brought to the attention of an EEO counselor and which is not like or related to the matters counseled. (U.S.EEOC, 2004)A respondent agency is responsible for conducting a thorough investigation. The agency then provides an appropriate factual record that allows a reasonable fact finder to draw conclusions as to whether discrimination had occurred. There is a one hundred and eighty day time limit from the day the complaint was filed to complete the investigation. According to the EEOC's web site, "an agency may make an offer of resolution to a complainant who is represented by an attorney at any time after the filing of a complaint, but not later than the date an administrative judge is appointed to conduct a hearing (U.S.EEOC, 2004)."If the complaint cannot be resolved, an administrative judge conducts a hearing. The administrative judge has one hundred and eighty days from receipt of the complaint file from the agency to conduct a hearing and issue a decision on the complaint. The administrative judge will send copies of the hearing record, the transcript, and the decision to all parties. When an administrative judge issues a decision the agency must take final action on the complaint by issuing a final order within forty days of receipt of the hearing file and the administrative judge decision. A complainant has the right to appeal an agency's final action or dismissal of a complaint within thirty days of receipt. (U.S.EEOC, 2004)The complainant also has the right to pursue his or her complaint in civil litigation after completing the entire administrative process through the...

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