Legal Process Paper - Discrimination Complaint and Civil Litigation Process

Many working and non-working Americans are victims of some type of discrimination. Students at times are also subject to bias teachers, who prefer a personality, race, or other characteristics over another. Most bias occurs with the United States workplace, although it is kept hidden many times. Employment discrimination "includes bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment" (Cornell, 2009, pg. 1). Unfortunately for many, a few, not all discrimination methods are punishable through the United States legal system.

Discrimination complaint and Civil litigation process

"Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers" (Cornell, 2009, pg. 1). Discrimination laws typically protect traditionally affected groups, and minorities that have been part of a form of discrimination in the past. As an example, John could not file a case with the EEOC for racial discrimination if he were a White male; however, through the Title VII of the Civil Rights Act of 1964, as an African or Native American, he would maintain protection. If the John's claim is regarding his age, as he is over 50, "the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age" (Cornell, 2009, pg. 1). Another law that John can seek protection from would be the American with Disabilities Act of 1990, which protects employees against employers unaccommodating toward applicants who may maintain a disability. Unfortunately, John would not have a case with the EEOC as race discrimination, although an African American would, however; find him, or self from protection the 1964 Title VII of the Civil Rights Act.

Complaint process

"By law, the EEOC must in some way handle every claim it receives" (Bennett-Alexander and Hartman, 2007). At any time that John believes, he maintains a valid claim, within 180 of the alleged violation, the EEOC does require the individual to complete an intake survey. "Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC" (EEOC, 2007, pg. 1). John maintains two options for filing a claim with the EEOC, either at the nearest office to him, or online through the EEOC website. Upon completion the EEOC will notify his employer. In the case that the claim does not appear to be too difficult, they will each given the option to settle through mediation that will take less time than a court hearing. "Generally, the way mediation works is that after a discrimination charge is filed by the employee and notice of the charge is given to the employer, the EEOC screens the charge to see if it is one that is appropriate for mediation". "If it is appropriate for mediation, EEOC will offer that option to the parties" (Bennett-Alexander and Hartman, 2007).

If after 10 days, the employee, nor his, or her employer agree to a mediation, it would be in the hands of the EEOC to review the case. In this review, the EEOC will investigate the case by investigating the company, and reviewing records that may prove reasons of discrimination toward the employee, interviewing