Employment law principles and practice

Employment Law

Hypothetical Case:

John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. How will he proceed?

Laws Prohibiting Job Discrimination

There are several U.S. federal laws that prohibit job discrimination. These include

Title VII of the Civil Rights Act of 1964:

The law prohibits employment discrimination based on race, color, religion, sex, or national origin.

Equal Pay Act of 1963:

Prohibits sex-based wage discrimination.

Age Discrimination in Employment Act of 1967:

Protects workers of 40 years and older from discrimination.

Title I and V of American Disabilities Act of 1990:

Prohibits employment discrimination against qualified individuals with disabilities.

Civil Rights Act of 1991:

provides for damages in cases of intentional employment discrimination. ("Federal EEO Laws," 2004)

All of the above mentioned laws against job discrimination are enforced by the U.S. Equal Employment Opportunity Commission (EEOC) -- the agency responsible for enforcing Federal Equal EEO laws and for coordinating the Federal government's effort to eradicate workplace discrimination.

Discrimination Complaint Process

First of all, John would be well-advised to make a reality check on his individual circumstances: he should be aware that litigation is very stressful; the process is often long drawn out and lasts for over an year; it is often expensive and does not always end in award of large amounts of damages for the complainant. Sometimes a complainant may erroneously consider a legitimate, non-discriminatory action of an employer as discriminatory; hence it is always worthwhile to make consultations with an attorney before proceeding with the complaint. ("California Information for Employees ... " n.d.)

Secondly, John would have to determine the alleged issue of discrimination suffered by him, i.e., whether the discrimination by his employer is due to John's race, color, religion, sex, national origin, disability, age, or sexual orientation. Complaints or appeals regarding discrimination based on sexual orientation are not heard by the EEOC. ("Discrimination Complaint Process ... " n.d.) Otherwise the procedure for lodging a discrimination complaint is the same, irrespective of the kind of alleged discrimination.

1. Contact the EEO Office:

The first step in the Complaint Process is to contact the EEO office for EEO Counselor within calendar 45 days of the alleged discriminatory incident.

2. Counseling:

The counseling given by the EEO counselor normally has a time limit of 30 calendar day, which is extendable to 60 days if extension is granted by EEO or the complainant asks for mediation.

3. Resolution or End of Informal Process:

In case of resolution through the mediation process, a settlement agreement is drawn up by the mediator or the EEO counselor; if there is no resolution the EEO counselor closes the informal process of the complaint process and informs the complainant of the right to file a formal complaint within 15 days.

4. Filing a Formal Complaint:

A formal complaint (also called "charge") may be submitted by the complainant in writing at the nearest EEOC office. It should have the names, addresses, and telephone numbers of the complainant as well as the respondent (employer) The charge should also contain a short description of the alleged discrimination. ("Filing a Charge ... " 2003)

5. Processing of Formal Charge by EEOC:

The EEOC notifies the employer that a charge has been filed. Investigation of the charge is carried during which the EEOC is authorized to review documents, interview people, and visit the site of the alleged discrimination for the purpose. Efforts for settling the charge, including mediation, may continue concurrently if both parties agree. If the investigation does not provide evidence in support of the claim or does not establish that discrimination occurred, the case may be dismissed or closed. In either case, a notice is issued to the complainant giving the charging party 90 days in which to file a lawsuit on his or her own behalf. ("EEOC's Charge Processing Procedures" 2003)

If evidence shows that discrimination has occurred, the EEOC informs the employer and the complainant in a letter. It then attempts conciliation between the parties; if the conciliation is successful, the complainant or the EEOC may not go to court unless settlement agreement is not honored. If the conciliation is unsuccessful, the EEOC decides whether to bring suit in federal court itself. In case EEOC decides not to sue, it will issue a notice closing the case and give the charging party 90 days to file a lawsuit. (Ibid)

Lawsuit for Employment Discrimination

After receiving a notice of a "right to sue" from EEOC, the complainant may file a lawsuit in a federal court within 90 days. Under Title VII of the Civil Rights Act and the American Disabilities Act (ADA), the complainant can also request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission. Under the Age Discrimination Employment Act (ADEA), a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge. Under the Equal Pay Act (EPA) a lawsuit must be filed within two years (or within three years in case of willful violations) of the discriminatory act. (Ibid.)

The U.S. District Court:

The first "port of call" for the litigant is the United States district court -- the trial court of the U.S. federal court system. There are 94 federal judicial districts in the United States, including at least one district in each state, the District of Columbia and Puerto Rico and the complainant would file his lawsuit in the district court of the judicial district where he is located. The district court hears and decides a lawsuit on merit as per the U.S. law after hearing both sides of the issue. ("U.S. District Court" 2002)