Legal Process Paper: Discrimination

put-on, a 45 year old minority, is an employee in a private field organization. He would like to show a variety complaint against his employer. What should he do?For m whatever employees in the United States like fundament, there is a need to demystify the legal process so that they can restoration the right course of action. The U.S. Equal calling chance Commission (EEOC) avers that any individual with the belief that there has been a violation of his employ rights may file a heyday of discrimination against the EEOC. In fact, aside from tail himself, another individual, organization, or agency may file in his behalf so that canfuls identity would be protected.It is imperative to chthonicstand how the judicial proceeding process in United States motor lodges is referred to as an adversarial system. The adversarial nature is because of the reliance on the litigants to present their affray before a neutral fact-finder, according to the US Courts website. By analogy, th is neutral fact-finder for employment graphemes is the EEOC, by virtue of the powers vested in it by cognomen VII of the Civil Rights Act of 1964. On what ground is deception planning to file his complaint? He can choose from some(prenominal) laws but for the purposes of this discussion, what may be relevant to asss persona are Title VII and the Age Discrimination and Employment Act.Title VII of The Civil Rights Act of 1964This Act was landmark legislation in creating the Equal Employment Opportunity Commission, in eliminating race segregation and discrimination based on sex. The principle of promotion from deep down is invoked in truth since employers had already taken advantage of incumbent minority and female employees by using them in segregated jobs and often in depressed behave rates (Blumrosen, 1993, p. 74).The Age Discrimination in Employment Act of 1967 (ADEA)For persons fourth-year 40 or over, the ADEA prohibits employment discrimination. Sec.623 provides for spe cific prohibitions against discrimination in terms of hiring, promotions, wage and retiree health benefits(including a system to calculate the fees and ages) authorization retirement and publication of age preferences and limitations in advertisements for hiring.Equal Employment Opportunity Commission (EEOC)SEC. 705 of the Civil Rights Act of 1964 provides for the creation, composition, duties, quasi-judicial functions and powers and of the EEOC. Corollary to this is Sec. 706 on the prevention of the unlawful employment practices, formulating the procedure for filing civil actions under the Commission. Pursuant to this, John may file a charge in person or by mail at the EEOC office.He should fill out an intake questionnaire that contains any(prenominal) the information detailing his charge based on the statutes discussed above. John should likewise state a clear request for EEOC to act on his complaint. If John is a federal employee, he must(prenominal) refer to the Federal e mpyrean Equal Opportunity Complaint addressing, which is also available on the EEOC website.What should Johns charge contain? He must state his name, address, promise number, and the same details for the employer he is complaining against. If there were other employees in a similar situation, John must also allege that in the charge. He must describe the alleged violation and the date of its occurrence, outcome to the grounds defined in the statutes above. Before he can file a lawsuit in court, this is the first step that John must accomplish.To protect his rights, John must ensure that he files the charge with the EEOC within 180 days or about six months from when he was discriminated against. If John anchors his charge on violation of the ADEA, state laws can extend this plosive speech sound to 300 days. If there is a local anti-discrimination law, there is also a 300 day extension. What is crucial is for John to contact EEOC as shortly as he believes that his rights are bein g violated.Civil Litigation process State LevelSec. 706 refers to the process for John himself. Sec. 707 of Title VII refers to the functions of the attorney General in determining reasonable cause and placing the complaint under the jurisdiction of the district courts. If reasonable cause is found, Johns case can be filed in Court subject to the rules on dispute resolution.The Attorney General should file a complaint (1) signed by him, (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such substituteagainst the person or persons responsible for such pattern or practice, as he deems necessary. He may file with the clerk of court a request for three judges to hear the case with a certification that Johns case is of general public importance.An distinguished point is on the matter of expediting proceedings. The discriminative Conference on enmity Resolution (2007) asserts, before John can invoke formal procedures, all reasonable steps to resolve disputes via informal methods should be undertaken. Examples of these include focal point and/or mediation, prior to a formal hearing (p.2).According to the US Courts website, mediation is a flexible, nonbinding dispute resolution procedure in which a neutral third company facilitates negotiations between the parties. It saves time and money for the litigants in this case, John and his employer. Also, Mechan (1997) wrote that a discovery case management plan is need at the initial pretrial conference between John and his employer (p.39) so that delays would be avoided. If mediation, counseling and dispute resolution did not prosper, then the headsman judge must set the case for hearing.Civil Litigation Process Supreme CourtThe Supreme Court has jurisdiction over appeals from the final exam judgment of the district court convened to hear the case of John, as quest by the Attorney General after the intake questionnaire and complaint filed at the EEOC. Subject to the rules on civ il procedure, what is important is to guarantee that each party is not denied his day in Court. That, and only that, can help John resolve the legal issue of employment discrimination.ReferencesBlumrosen, Alfred W. Modern legal philosophy The Law Transmission System and Equal Employment Opportunity. Wisconsin U of Wisconsin P. 1993.Mecham, L. R. (1997, May). United States Courts Judicial Conference of the United States. The Civil Justice Reform Act of 1990 last Report on Alternative Proposals for Reduction of Cost and Delay, Assessment of Principles, Guidelines & Techniques. Retrieved November 26, 2007US Congress. 42 U.S.C. 2000e 2 et seq. (1964). Title VII of the Civil Rights Act of 1964. Retrieved November 26, 2007US Congress. 29 U.S.C. 621-624. (1967). The Age Discrimination in Employment Act of 1967. Retrieved November 26, 2007 from The U.S. Equal Employment Opportunity Commission. (Modified 2007, September 11). Filing a Charge of Employment Discrimination. Retrieved Novembe r 26, 2007, from http//www.eeoc.gov/charge/overview_charge_filing.htmlUnited States Courts. ( ) .Litigation Process. Retrieved November 26, 2007United States Courts. (2006, July). In Resolving Disputes, Mediation Most lucky ADR Option in District Courts. Vol. 38, Number 7. Retrieved November 26, 2007United States Courts. (2007, August 6). logical argument of Work Model Employment Dispute Resolution Plan Improvements. Retrieved November 26, 2007