Discrimination Complaint

Many employees, especially in America are faced with discrimination any in schools or in work places. The case at hand is about earth-closet. He, being a federal employee archives a discrimination ill with the Equal Employment prospect Commission (EEOC) against his employer, who heads the authorisation he is working for. He takes this initiative because as per the Code of Federal Regulations, each employee has a right wing to commit distemper for an equal employment opportunity with the agency.A charge filed with EEOC leave behind also automatically be alter with Fair Employment Practices Agencies (FEPAs) since they work hand in hand to lift effort doubling-up of charge processing. Moreover, it is rigid within a short period of age (EEOC, 2009). In capers case, since he is the aggrieved person, front to his the case register, he lead first consult with an Equal Employment Opportunity (EEO) officer in an attempt to decide the discrimination matter casually. During the forty five days EEO process, put-on is mandated to have his birth representative, probably an attorney.During this period, the counselor should be neutral to both the employer agency and tush. The counselor will offer John a variety of the available legal choices. After having gone through his rights and responsibilities list provided by the counselor, John has to raise a counseling matter otherwise the formal EEO complaint is discharged. If a concrete steadiness is not realized, then this paves way for the aggrieved person, in this case John, to file a formal EEO complaint with a federal district address.This is because all the available administrative remedies have been exhausted. However, before John can file a formal complaint, he must have received a notice of last-place oppugn from the EEO counselor. Moreover, he must be provided with an apposite official of his employer agency. The right to file a formal complaint has to be effected within Fifteen days after receiving the aforementioned notice (Bernnett & Hartman, 2007). When John is filing this complaint in person, he has to go to the meeting with any papers or tuition that will aid the EEOC figure out his case.This may include a letter or notice indicating his accomplishment evaluations and also that he was kicked out of the job. Moreover, he will bring with him names of fellow employees, who have enough information of what went on with their contacts included. On the other side, he can send a letter containing his person-to-person details, the employers details, a brief explanation of the proceedings that he believes were bigoted, the date when these discriminatory events took place and the subroutine of the employees in the company.The inequitable dealings have to be unambiguous, for instance, John has to state whether he was fired, harassed or demoted. Additionally, he has to knock over the reasons as to why he believes he is facing discrimination such as sex, religion, genetic informa tion or even age. Importantly, John has to make sure that he signs his letter to give EEOC the go-ahead for investigations. This information is assessed and a follow up questionnaire may be sent to John if surplus information is required from him. John has to be timely and follow the aforesaid EEOC procedures so as to avoid from being dismissed off his complaint.Later on, the information is got into in a certified EEOC charge form. Both John and his lawyer are conducted to sign the form. In the acknowledgement letter issued to John by his employer, he (the employer), will be required to indicate the EEOC offices address in which the complaint is to be heard, the time that the employer requires to conduct an appropriate and im voiceial investigation of the complaint filing by John and the employers right to appeal to the ultimate pronouncement arrived or dismissal of Johns grievance.In case John has more(prenominal) similar claims over or related to those of the earlier pending com plaint, he has the mandate to add the same. This is referred to as amendment of the pending complaint. For John to be in a position to amend the complaint, he must bring out a letter addressed to the EEO director of his employer. In this letter, John has to explicitly give detailed information about the impudently occurrence(s). Furthermore, he is entitled to affirm his intend to amend the complaint by including the new incidents.On receiving the letter, Johns employer or his EEO director will carefully assess the amendment request with the aim of find the handling correctness of the complaint amendment. However, if Johns existent claim offers adequate support to the excess claims and does not birth a new claim or if the arising claim is closely related to the former, thither is no need for a new EEO counseling. Johns new claims qualify to be part and parcel of the investigation and the same is communicated to him.A comprehensive and inclusive investigation of Johns employer then commences. This ought to be developed without prejudice and must be factual in all its recordings. The aim of it being factual and impartial is to ensure that the conclusions to be drawn at the end will be reasonable as to whether John was discriminated by his employer or not. During this process, the investigators are consented to with oaths administrations, witness testimonies and proper documentation. Moreover, they must not have a conflict of interests with the aggrieved party during their investigation.Besides, they should congregate pertinent substantiation that will be employed as a fact-finder in determining whether or not the employer had been involved in a discriminatory act against John. once the investigation process is over, the employer will provide John with a copy of file in which the complaint had been recorded, the investigation report and the notice of the right to ask for either the on the spot employers final decision or an EEOC hearing. The federal district court thus, after the EEOC resolves to file a civil action, handles Johns discrimination complaint entirely as a new case.Moreover, the assumption that arises is that no findings were conducted by the EEOC. The principal purpose behind the courts take to handle the case as higher up mention is to ensure that no biasness during the process of issuing a opinion (Cornell, 2009). Moreover, new and more double-dyed(a) investigations take place. Irrespective of EEOC denying John a right-to-sue-letter, he still bears this right to file a court case. However, John can fail to receive a satisfying resolution of his case or the judgment might not be to his favor.If he has sufficient basis to appeal his case, John may gain ground opt to file his appeal with the U. S. Supreme court. In conclusion, although John is very conversant with the legal actions that he can follow in his complaint, he has to consider the expenses he will incur in this process. Besides, his employer agency has more re sources than him. So long as EEOC helps protect employees from prejudice, the surety that he will receive a right-to-sue letter from the EEOC is only he is in a position to substantiate the earlier mentioned bases of discrimination.ReferencesBennett-Alexander, D. & Hartman, L. (2007). Employment rightfulness for Business. New York McGraw HillCornell, (2009). Employment Discrimination An Overview. Retrieved on 24 July 2010 from http//topics.law.cornell.edu/wex/Employment_discriminationEEOC, (2009). The Digest of Equal Employment Opportunity Law. Retrieved on 24 July 2010 from http//www.eeoc.gov/federal/digest/xx-1.cfm