To do so, John needs to seek a Notice of Right-to-Sue from the EEOC. This document serves as proof that John filed a complaint with the EEOC, as required by the underlying statutes, and serves as his means of entry into the court system (See generally, EEOC, Filing a lawsuit, 2010).
Even though the laws governing employment discrimination are federal laws, John can file his lawsuit in state court or federal court, assuming that state or local laws also prohibit such discrimination. Frequently, at that stage, John's employer is going to seek removal of the case to the federal system, because federal judges are considered more likely to grant summary judgment in favor of employer-defendants than state-court judges are. Employers are able to receive removal because federal courts have jurisdiction over questions of federal law. Therefore, John's lawsuit might proceed in the federal or state court system.
If John's lawsuit proceeds in the state court system, the process will be relatively straightforward. Depending on John's location, the state courts may have different labels; but each of the states has three levels of courts. The first level is the trial court, and this is the court of origination. It is at the trial-court level where John will file his complaint. Prior to going to trial in the trial court, the parties will be subjected to different rules and regulations. For example, they will probably have to participate in discovery, which involves giving evidence in support of their claims to the other side, in order to prevent surprise at trial. In addition, many states have mandatory mediation, which, unlike the EEOC's mediation process, does require the parties to attend mediation, though they are not required to reach an agreement. Then, the parties go to trial and the judge renders a decision in favor of one of the parties. The party who has not prevailed...
Looking at the claims of John Doe and the possible defenses by ABC Science as an attorney, I would recommend that the company reach some type of settlement with Mr. Doe allowing him to retain a position within the company. His claim under the ADA appears to be very strong and supported by the facts. An adverse decision could be damaging to the company, not only financially, but also from
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