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Discrimination Claims Process and Civil Litigation
Claims Processing
This paper is designed to help you better understand the process of filing claims with the Equal Employment Opportunity Commission, with the different requirements and time frames for filing as well as discussing the process for civil litigation within the legal system and how it effects the individuals concerned.
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Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) was developed to help protect employees from unjustly being hired or in some cases terminated from employment based on certain factors. Most of these factors are classified under discrimination, however there are listed several types of discrimination. The EEOC looks at items such as sexual harassment, equal pay and compensation, race/color, age, national origin, pregnancy, religious beliefs, Americans with Disabilities, and a few others. I feel that all of these issues can and have been abused for employment purposes in the past and could easily be abused again, without someone available to investigate these very issues. That is why the EEOC was developed. In order for the process to work, and be efficient, there must be a set process defined in order to assist the employee, but also the employer to allow for the truth to be discovered.
The process is fairly simple. When the employee feels that they have been wrongfully treated, they must report it to the EEOC office. They can do this in person, by mail, or by telephone. Once this charge has been filed, the employer will then be notified by the EEOC office of said charge. If in fact the feeling is that the initial facts reveal that a violation of law may have occurred, then it may be assigned a priority investigation. When the evidence is less strong, then an investigation will be assigned to determine if a violation has occurred. At any time the EEOC can seek to settle a charge if the charged or the charging party expresses an interest in doing so. In the investigation, written statements may be taken, document reviews, interviews of personnel, and even site visits may be performed. When the evidence has been collected, the EEOC office will then discuss the findings with the charging party or employer, as appropriate. The charge may be mediated if both parties express an interest. This is often offered as an alternative to a lengthy investigation. Participation in the mediation program is voluntary and confidential and must be agreed upon by both involved parties. A charge can be dismissed at any point, if the investigation reveals that in the agency's best judgment that a violation of law did not occur, or if enough evidence cannot be obtained in the investigation phase. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 0 days in which to file a lawsuit on his/her behalf.
Most of the reportable items listed earlier in the paper are listed by the EEOC as under the civil rights component of their office. In this case most of the complaints have a 180 day reporting limit, if no state reporting limits are in place. If the state in which the complaint is being filed has a state limit, then this limit becomes the filing timeframe. Every filing must reach the EEOC office within 00 days or 0 days after state notification of termination of the charges. The American Disabilities Act (ADA), as well as the Age Discrimination Act (ADEA), has the same guidelines. When a complaint is filed, pertinent information, such as events, names, telephone numbers, witnesses, etc, will be beneficial to have. If a case is deemed appropriate and the complaint goes to court, the EEOC will represent itself, and will normally provide its formal legal views in what is called a "brief". As you can see, the process is not that difficult and even though the steps may be time consuming, the safety and fair treatment of employees are at stake here.
Civil Litigation
Another option that employees have when they feel that they have been mistreated is the civil courts. While some court items can be very intimidating at times, civil litigation is a fairly defined process. As we discussed earlier, the EEOC complaint process was fairly rigid in its design, so to be the civil litigation process. The civil litigation process can be broken down into eight steps. One of the main differences between criminal litigation and civil litigation is the "beyond reasonable doubt". In civil litigation a majority can rule, unlike in a criminal litigation where it has to be unanimous. OK, so the eight steps of the civil litigation process
Step One- The retention of an Attorney. This is someone who will guide the complainant through the legal process, and develop what is known as the statement of claim, which is basically the reason we are going to litigation.
Step Two- The defense. This is where the person whom has been charged with the complaint has the ability to gain information as to the charge and is usually given 10 days to do so, although most are granted an extension.
Step Three- Information gathering- this is where both parties concerned will investigate the complaint on their behalf and gather appropriate information. Much like the EEOC investigated charges at their end.
Step Four-Discovery phase-where witnesses are interview and depending on the case, maybe deposed, which is an interview under oath, that will sometimes take the place of needing to appear in court.
Step Five-Readiness Stage-where all of the issues that were uncovered during the information gathering and the discovery phase will be shared by both parties.
Step Six-Pretrial Conferences- this is where discussions are held, as far as mediation possibilities, plea agreements, etc, to avoid trial.
Step Seven-The actual trial occurs and who know what will happen. Some can occur before just a judge and others with a jury.
Step Eight if needed-appeals. This is where if you feel all the evidence was not presented or, if some actual information was miscommunicated, then an appeal can be requested. A judge will typically look at the appeal to see if it is warranted.
Conclusion
As you can see from the paper, the process to both the EEOC complaints as well as civil litigation can in fact be intimidating, however both of these processes are pretty well designed to follow a specific format, which in and of itself is not that difficult. This paper was intended to help define those processes and to allow the reader to better understand how the process is designed.
References
(1.) www.eeoc.gov/facts/qanda.html
(.) Dessler, Gary. (000). Human Resource Management.
Prentice Hall Upper Saddle river, New Jersey.
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