This paper presents a case study examining the process an employee (referred to as John) must follow when filing a workplace discrimination complaint with the Equal Employment Opportunity Commission (EEOC). Beginning with the constitutional and statutory authority for discrimination claims, the paper walks through pre-complaint counseling requirements, internal grievance procedures, state-level civil litigation options, EEOC investigation timelines, administrative hearings, and available remedies. The paper also covers federal court proceedings and the appellate process, up to and including petitioning the U.S. Supreme Court via writ of certiorari.
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John believes that he has been discriminated against by his employer, a private company. The nature of the alleged discrimination could be related to John's race, color, religion, sex, national origin, age (if 40 or older), disability, or genetic information (Equal Employment Opportunity Commission [EEOC], 2010, p. 1; EEOC, n.d.). The constitutional authority for filing a discrimination claim against an employer derives from a number of different acts, including the Civil Rights Act, the Age Discrimination in Employment Act, the Equal Pay Act, and the Rehabilitation Act. The federal agency responsible for regulating and mediating such claims is the Equal Employment Opportunity Commission. Protection against employer retaliation for filing a discrimination claim is also provided under these laws and regulations.
The procedure for filing a discrimination complaint with the EEOC requires that the employee first notify the employer of the grievance (EEOC, 2010, p. 5). This allows the company, or a union, the chance to resolve the complaint internally before the EEOC is contacted. This procedure must be completed in a timely manner, because EEOC regulations require John to make initial contact with an EEOC counselor within 45 days of the discriminatory event, barring successful internal resolution of the grievance. This 45-day deadline may be extended if John can show he was not aware of the discriminatory event — or of the 45-day deadline itself — despite due diligence on his part.
Once initial contact with an EEOC counselor has been made, several options will likely be presented to John (EEOC, 2010, pp. 4–5). These include extending the counseling period to allow less formal grievance procedures to run their course. If those procedures fail, John is advised of his right to file a formal discrimination complaint with the EEOC. The entire process, from the discriminatory event to the filing of a formal complaint, cannot exceed 180 days — or 300 days if state or local laws also prohibit the alleged discriminatory act. The pre-complaint procedures are therefore designed to provide every opportunity for the grievance to be resolved through less formal means, or in local or state courts, before a federal investigation begins.
Should John decide to file a civil lawsuit at the state level to recover alleged damages, such cases are typically heard at the superior court level (Arizona Judicial Branch, 2010). The parties to a civil suit may be required by state law to participate in a court-supervised arbitration procedure, depending on the amount of damages sought. Arbitration decisions are generally binding, but a party who appeals may have the case heard in the relevant superior court.
Appeals of superior court decisions are filed with the state court of appeals, which may affirm the lower court's decision, reverse it, or remand the case for additional proceedings (Arizona Judicial Branch, 2010). If John believes the appeals court decision is legally unsound, he can request that the state supreme court review his case. If review is granted, the court may affirm or reverse the lower court's decisions, or remand the case to a lower court for further proceedings. Should John wish to appeal the state supreme court's decision, he would need to file a writ of certiorari to the U.S. Supreme Court requesting a review.
"EEOC investigation, mediation, and administrative hearings"
"Available remedies and federal civil trial process"
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