Legal Process Paper – Employment Law Essay

Discrimination is discussed in the workplace during orientation and in meetings. An employer has lawyers available on some jobs but federal laws dislike job discrimination. Most company valued their employees and do not want this matter to hurt the company or the employee. Filing a claim is a lengthy process so John must have patients when dealing with the legal system and Equal Employment Opportunity Commission. John understands that Equal Employment Opportunity Commission will assist him a counselor through this discrimination process. John will have a civil litigation processes he will go through. John employers may even dispute this claim but he can appeal it.

John should have already talked with his supervisor or manager about this situation. Then, if he is still not satisfied, then the next step is to document every conversation they had since the problem started. Information about what happen when John tried to let them know how he came to this discussion about the claim. John has to tell the owner of the company before filing a discrimination complaint against the company. If he can’t trust a coworker then he needs to contact his human resources department. John should have detail documentation about what occurs at the time he was employed. John will gather information he has against his complaint towards the employer. The more information John has to confirm his complaint, the better his case would be.

John should state description of what actions has taken place during the time of each incident, and each time he had talk or contacted a manager. John has the right to file discrimination complaint against his employer, once he follows the Equal Employment Opportunity Commission guidelines. John should know his rights as an employee to be free from retaliation. John will let his employer know about the discrimination charges against the company. John will identify what discrimination complaint he has against his employer. The court clerk office will serve the company papers. This information should be kept confidential among other employees at the company. No employee should discuss the discrimination charges, especially the ones who will be witness in the claim. This could be an employee to employer dispute, so this claim is not mention at all. “Under the Equal Employment Opportunity Commission states this could be illegal to discriminate on the basis of race, color, sex, religion, national origin or martial status in any aspect of employment.” The next step for John is to following the civil litigation processes steps, which shows him how to file the complaint. Filling out questionnaire question and not leaving any blank. John has 180 days after the incident to returning the papers. The Equal Employment Opportunity Commission will contact John within 10 days once he had filing a claim, to let him know the decision. “The Equal Employment Opportunity Commission makes a determination as to whether there is reasonable cause or no reasonable cause for the employee to charge the employer with violating Title VII. (Bennett, Alexander & Harman, 2007)” Once Equal Employment Opportunity Commission determines the outcome of the crime, then John can bring charges up on the employer. John can win the cases and be in title to back pay. John discrimination complaints and disputes in the workplace will be settled in a timely manner.

Company’s policy should state that all employees and employers who have confrontations or disagreement will address these issues in a meeting. Equal Employment Opportunity Commission had rules whether companies are privately own or a corporation that your employees can file discrimination complaint against any company, and that company will be thoroughly investigated. Legal courts will be notified, when investigation is completed and John has won the disputes against his employer. Equal Employment Opportunity Commission will advise John of his rights and responsibility, he does have a choice when it comes to be satisfied during this informal complaint process. Every company and employees should have some understand about the legal system.

Reference:

Travis County Law Library. (2008) Steps in the Texas Civil Litigation Process. Retrieved July 2, 2009, from http://www.co.colin.tx.us/law_library/documents/tx_civil_ligation _steps.pgf

D. D. Bennett-Alexander and L. P. Hartman. (2007). Employment Law for Business
(5th ed.) McGraw-Hill, Boston, MA