This website uses cookies to ensure you have the best experience. Learn more

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...

Other Essays On Discrimination Legal Process

Public Opinion In California Essay

1731 words - 7 pages is public support forthis new legislation that would bring new public housing developments into thearea.However, there is still more to this story- the legal basis for the ballotmeasure. Article 34 of the state of California's constitution states that,"no low rent housing project shall hereafter be developed,constructed, or acquired...until a majority of the qualified electors ofthe city, town, or county... vot[e] in favor thereof at an election

HR Global Recruitment And Selection Essay

3279 words - 14 pages changed, and changes to rules have changed the labour environment. While these policy reforms have increased global competitiveness it has negatively affected domestic demand as the reforms have reduced disposable household income.Recruitment and selection practices follow a strict policy of non-discrimination based on sex, age, disability, and religious beliefs, which cover all the stages of the recruitment and selection process. In situations of

Labor Relations Paper

2725 words - 11 pages for unions in different types of companies, competent in protecting their rights and that their employers would not treat them maliciously or unjustly. Although the right to collective bargaining took nearly 200 years in the United States, collective bargaining rights are held in nearly every country today (Kearney, 2007). Collective bargaining is a part of the negotiation process's that will have a result of a contract that will cover all

Withing Politics

2150 words - 9 pages . bills to spend money, tax or regulate business move slowly.2. bills with clear, appealing idea most fast.3. complexity of legislative process helps bill's opponents block action at various points.B. Introducing a bill1. any member of congress can introduce legislation2. congress initiates most legislation.i. If bill not passed and signed by end of congressional session (2 years), it is dead, must be reintroduced next session.3. President can suggest

The American Dream And Politics

2459 words - 10 pages society requires new comers to adapt and incorporate American values putting aside their own. In this case, immigration is a cultural process. Many immigrants have a difficult time changing their way of thinking, life style, and language in order to fit in to the American society. This assimilation can be signified by acculturation, language and homeownership. Homeownership is the most important part of Americanization, for it is an assurance for a

Wal-Mart Automated Training And Assessment System

4205 words - 17 pages and Training departments. This development team will report directly to senior management on the status and challenges of the plan on a monthly basis.The new training process will occur first on a pilot basis at 10 test stores, and proceed on a phased basis when the nationwide rollout begins in October of 2009. Though Wal-mart expects no major obstacles in the rollout process, preparedness for such contingencies is crucial to the plan's success

Human Cloning Should Not Be Banned

3678 words - 15 pages Untitled Human Cloning Should Not Be Banned�by�Jason Brown Cloning humans has recently become a possibility that seems much more feasible in today's society than it was twenty years ago. The process used in cloning has been practiced on livestock for quite a few years with good results. The techniques have been proven to work, and with the rapid growth of technology in this field, human cloning can one day be very beneficial to

Historical Perspective Of Co-Operatives In Indian Context

6920 words - 28 pages legal acceptance after the co-operative credit society act was passes in 1904.The main objective was to combat indebtness and provide credit to the agriculturalist. With reference to the agro based of Indian economy the co-operative sector has played a substantial role in the process of lending a helping hand for economic upliftment.With the passing of time, the co-operative act was amended, with a net result that co-operation, expanded its role

Interracial Relationships Through Legal History

3190 words - 13 pages Dictionary reads the process or result of producing human offspring between and among members of, most commonly, different races or ethnicity's and, less frequently, of different religions(734). Historically, the term involves controversial assumptions about race and sexuality. Miscegenation was first introduced to the United States in 1864, so called "race-mixing" between black and whites was illegal in much of the South and a taboo generally

Employment And The Law In NSW, Australia

8141 words - 33 pages business. After an unfair dismissal claim she has realised the importance of HR management to her business growth and taken steps to remedy her "weak area"; people management by employing a Practice Manager, Adam to improve her HRM.For Adam to implement a successful HR plan he needs to ensure that all Freda's employees understand the HR planning process, that management is supportive which Freda appears to be, that communication is healthy

Character In "The Yellow Wallpaper" By Charlotte Perkins Gilman

1587 words - 7 pages The short story 'The Yellow Wall-Paper' written by Charlotte Perkins Gilman is a cry for freedom. This story is about a woman who fights for her right to express what she feels, and fights for her right to do what she wants to do. The narrator in this short story is a woman whose husband loves her very much, but oppresses her to the point where she cannot take it anymore. This story revolves around the main character, her oppressed life, and her

Similar Papers

State And Federal Systems Paper

1681 words - 7 pages State and Federal Systems PaperFederal LawsUnder the law a relationship is formed by employer and employee. The basic principle of this relationship is for the employer to exercise good faith while in this correlation. "Many states have enacted legislation specifically aimed at the growth of the federal statutes above." An example is the states that have human rights acts which prohibits discrimination. And there is a human rights commission in

Managing Legal Encounters At Newcorp Essay

1129 words - 5 pages Legal Encounter 1Employment at will means that employees work at the discretion of their employers, which means employers may terminate their relationships with employees without notice or cause. Furthermore, an employer may modify its agreement of employment for an at will employee. Pat Grey is a terminated employee for Newcorp who was employed at will.Recent case law has put restrictions on employment at will as its fallen into disfavor

Management Planning Essay

827 words - 4 pages other organizations. As you know, the Americans with Disabilities Act (ADA) is a federal law which "protects individuals with disabilities from discrimination in employment and the job application process" (U.S. Department of Labor, 2005). Because this law is enforced, many people with disabilities are motivated to work. For someone with a disability, the will to live life positively does not come easy and a special career possibility is an

Whistle Blowing In Society Essay

1242 words - 5 pages role in safeguarding the concerns and well being of society. It is also associated with a degree of self sacrifice and personal suffering with people who whistle blow being persecuted by the organisations that they have attempted to expose.This overall positive image of the outcome whistle blowing for society has lead to it being adopted as a formal process by which individuals can report cases of corruption, persecution or infringement of legal