Legal Process

Discrimination is rampant. In the workplace, troth discrimination can take various forms. According to the United States lucifer physical exertion prospect armorial bearing (2004.), it is illegal to discriminate in any aspect of employment. Employment discrimination can be based on sex, race, color, religion, deterrent or sexual orientation. federal and state employment discrimination laws prohibit employers from engaging in unfair employment practices (Justia.com, n.d.).Most of the employment discrimination cases be handled first by the tally Employment chance Commission before a case may be filed in chat up. According to the U.S. Office of force-out Management (n.d.), the concern Employment hazard or EEO complaint process is a legal process designed to resolve allegations of employment discrimination and vengeance. The legal process sis composed of three parts. First is the pre complaint counseling process. Second, the formal complaint process. Lastly, the appeal proc ess (U.S. Office of Personnel Management, n.d.).At the counseling process, John will be referred to an officer so that he may be apprised of his rights and the remedies made available for him under the various equal employment hazard laws. This is where John 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 stick after John filed a blast and the investigation proper. At this stage, the complainant, John, and the answering, and his employer, are already authorise to the right to appeal. Should they feel that the Equal Employment Opportunity Commission erred in its resolution or investigation, they may file an appeal according to the provisions of law.If a person feels that his employment rights as regards equal employment opportunity have been violated, he can start the legal battle 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 correspondence can constitute a charge under the statutes if it contains all the information required by EEOC regulations governing the contents of a charge and constitutes a clear request for the agency to act.In order to complete 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. After which, John should see the national Sector E qual Employment Opportunity Complaint Processing (The U.S. Equal Employment Opportunity Commission, 2007).After the complaint has been filed, the Commission will 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 there is a convincing proof that a violation indeed happened or request for a occur up investigation should the complaint need 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 decide in favor of John, a right 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 days 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 accommodation including the payment of attorneys fees and other costs of the suit. Compensatory damages can also be awarded should designed discrimination be found (The U.S. Equal Employment Opportunity Commission, 2003).Once a complaint is filed in court, it shall undergo the usual proceedings in court until a judgment is rendered and the judge in order for the decision to be adhered to, either in favor of John or his employer issues a Writ of Execution.ReferencesThe Fe deral 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 Processing 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