Employment Law Legal Process Paper Essay

To storage area a complaint of inequality stiffly, an employer should accept a basic downstairsstanding of the surgical operation and procedures utilise by the EEOC to enforce the national laws that prohibit work inconsistency. By discerning in advance what to be receive, an employer finish vanquish prepare its defense.EEOC ProcessAny individual who relys that his or her employment rights have been violated whitethorn lodge a deposit of discrimination with EEOC. Charges may be filed by mail or in person at their close EEOC office. Once an employee or appli erectt files a charge, the EEOC then serves stigmatise on the employer, ordinarily by mail, that a charge has been filed against them. This notice normally includes a copy of the real charge filed by the employee or applicant. every(prenominal) laws enforced by EEOC, except the relate Pay Act, require filing a charge with EEOC before a hush-hush law grounds may be filed in court. There are strict clip lim its inside which charges must be filed. A charge must be filed with EEOC within 180 eld from the date of the asseverate violation, in order to protect the charging fellowships rights. This 180-day filing deadline is extended to three hundred days if the charge overly is cover by a state or local anti-discrimination law (U.S. equalize workout hazard Commission).Employers must understand that the persons who tax and fix the outcome of employment discrimination fields (the EEOC investigator, federal or state judge, and/or gore) have keen senses of fairness and expect that employees will be treated in a fair manner. As a result, employers are exposed to substantial financial obligation for any(prenominal) acts, including perceived acts, of discrimination in the workplace. Employers should take any charge of discrimination seriously and the employer must keep in mind that, at a minimum, it necessitate to have a legitimate, non-discriminatory reason for taking the feat i n question. In addition, an employers response will be evaluated by persons who have a different horizon than the employer. What may appear to an employer, as a benign, routine employment exercise, can be perceived by a jury as the near pernicious, discriminatory deed. With this in mind, an employer should structure its response to show that its action was not only legal, but also fair (Bureau of abridge Affairs, 2002).Resolving the contrast ChargeThe filing of the charge triggers an EEOC investigation into whether or not there is sensible guinea pig to believe that the employer did in fact illegitimately discriminate against an individual. An employer may be asked to hand a written statement of beat to explain its version of events. At virtually point in the investigation, a inquiring federation might be held (Bureau of National Affairs, 2002). Relatively informal, a fact- conclusion conference is attended by the charging party, respondent and infallible witnesses. No official record is make and witnesses are not placed under oath. Most employers bring counsel to the conference. later on(prenominal) concluding its investigation, the EEOC makes a function as to whether there is reasonable wee to believe that the alleged discrimination occurred. The investigation starts with a review of all documents in the employees personnel file, and should be expanded to include, among some other things, a review of applicable ships company policies, at least one converse with potential witnesses, and a review of knowledgeable documents for any prior incidents similar to the action on which the complaint is based.The lack of effective anti-discrimination policies can be damaging to an employers case. On the other hand, a well-publicized, stringently enforced, non-discrimination policy can prove invaluable to an employer defending against a charge of discrimination. By reviewing its policies, an employer also may discover that the plain employee di d not follow proper company procedure in reporting the complaint. every last(predicate) of this information can be used by the employer in responding to the complaint.A reasonable cause determination indicates that it is more probable than not that illegal discrimination took place. A no reasonable cause determination means that the EEOC has not found qualified render to support a finding of discrimination. While a no cause finding does not bar the kick party from subsequently filing suit in state or federal court on the same claim, as a practical matter most employees do not pursue their claims after the EEOC issues a no cause finding.If the evidence establishes that discrimination has occurred, the employerand the charging party will be informed of this in a garner of determination that explains the finding. EEOC will then attack conciliation with the employer to develop a compensate for the discrimination (U.S. capable Employment luck Commission).If the case is successfu lly conciliated, or if a case has earlier been successfully mediate or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or firmness agreement is not honored (U.S. Equal Employment Opportunity Commission).If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. However, no statements made by any party during the conciliation process can be used in any subsequent pillowcase. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf (U.S. Equal Employment Opportunity Commission).CONCLUSIONEmployees who believe that they have been discriminated against by an employer, an employment agency, or a labor union have the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Employers need to reassure that discriminatory practice or action, if it did occur, is stopped, and that it does not occur again. By properly manipulation the charge at its early stages, an employer can reduce significantly, or possibly buy the farm the potential liability.The Bureau of National Affairs, 2002. Retrieved family line 11, 2006, from http//www.bna.comU.S. Equal Employment Opportunity Commission. Retrieved folk 11, 2006, from http//www.eeoc.gov