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Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.
Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as to which route he or she wishes to pursue. If such action does not result in a resolution the complaining party has the right to file a formal complaint with the Administrative judge of the EEOC where a hearing will be scheduled. Actions...
In the event that one of the parties to the administrative action are displeased with the decision either of them are entitled to a file a civil action in the Federal district court.
Depending on the nature of John's complaint against his employer, his remedies can be quite prolonged and complicated. Although there are available remedies, the process is not an easy one and considerable thought should proceed the decision to ultimately seek such a remedy (Wakefield, 2004).
References
1964 Civil Rights Act. Pub.L. No. 88-352 (1964).
Civil Rights Act of 1886. U.S. Statutes at Large, Vol. 14:27 (1866).
Friedman, J. (2010). Employment Discrimination: Examples & Explanations. Frederick, MD: Aspen Publishers.
U.S. Const. amend. V.
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