According to the Equal Employment Opportunity Commission (EEOC), a formal job discrimination complaint can be filed in several cases. First, an employee can file a complaint in case he or she believes to be treated unjustly on the ground of the racial, religion, sexual, national or another identity. The discrimination might likewise take place on the basis of one’s disability or age-related aspects. Another reason why the employee might file a job discrimination complaint is being harassed on the similar grounds. Finally, a complaint might be filed in case the employee experiences discrimination because of his or her previous discrimination complaints or the assistance in the lawsuits associated with workplace discrimination. It is essential to file such a complaint if the employee desires to file a workplace discrimination lawsuit in future (Equal Employment Opportunity Commission, n. d.). Therefore, if John experiences any type of discrimination behavior described above, he should necessarily file the relevant complaint to the EEOC.
We will write a custom Essay on Workplace Discrimination Complaints specifically for you
301 certified writers online
It is important to point out a significant detail related to filing a job discrimination complaint. The EEOC notes that employees should consider the importance of the time limits for setting workplace discrimination complaints. Hence, in some cases, the expected time limit makes six months. Under different conditions, it might be extended up to ten months (Equal Employment Opportunity Commission, n. d.). As a result, it might be recommended that John contacts the EEOC as soon as possible and explains the details of the discrimination issue. Thus, the commission will be able to determine the type of discrimination and inform John on the relevant deadlines for his filing the complaint. It might also turn out that the commission will advise John to address another organization to manage his complaint.
As soon as the complaint is processed by the EEOC, the employee might file the workplace discrimination lawsuit against the organization he works for. The civil litigation process will be carried out at the U. S. Supreme Court level, and it will imply four stages: case preparation, settling differences, trial process, and closing. The process will begin with filing a job discrimination complaint to the State Court (United State Courts, n. d.). Therefore, John will need to explain the discrimination that caused the harm and the relief he expects to receive. The latter might imply financial compensation or the request to stop the discriminating behavior.
At the preparation stage, the litigants are expected to provide the entire scope of the information associated with the case. This information might comprise witnesses’ evidence or other related documentation. The witnesses might likewise be interviewed upon the court’s request (United State Courts, n. d.). Therefore, John will need to collect all the evidence that proves the discrimination activity on the part of his employer. It will be useful to involve his colleagues that will agree to witness in his favor. Additionally, it might turn out that some of the colleagues experience similar discrimination so that they will join the job discrimination complaint.
It is essential to point out that judges tend to persuade the parties to reach an agreement without beginning the civil process. Hence, they might employ various types of dispute resolution methods such as mediation and arbitration (United State Courts, n. d.). At this stage, John’s employer might potentially offer some alternative resolutions to avoid the trial. Thus, John will need to decide whether the proposed alternatives satisfy him. In case they fail to do it, he can request a trial. John might choose the jury trial format. Otherwise, the case will be heard by the judge without juries’ participation.
In the course of the trial, the judge will, first and foremost, determine the scope of information that might be considered relevant to the case. Otherwise stated, he or she will define which witnesses will be allowed to the courtroom. The witnesses will give testimony that will be recorded by the deputy clerk of court (United State Courts, n. d.). Therefore, it is important to ensure that John’s witnesses are emotionally ready to give testimony in the courtroom. Otherwise stated, it is essential to foresee potential refusals based on the fears of further work-related problems. It is also critical to warrant the veracity of their evidence as the opposing attorney will necessarily use the chance to ask additional questions in case some ambiguity comes up.
As long as all the evidence will be heard, each party will receive an opportunity to provide a closing argument (United State Courts, n. d.). At that point, the further course of events will depend on the type of trial that John initially chooses. If he prefers the jury trial, he will have to convince the jury in the culpability of his employer. In case the jury agrees that the employer is responsible for the discrimination, they will decide on the type of compensation that needs to be provided. Under a different scenario, the judge will make the final decision without relying on the juries’ assistance. Therefore, the trial format that John will select determines largely the potential outcomes. If John will be dissatisfied with the State Court’s verdict, he has the right to appeal to Supreme Court to revise the decision.
Equal Employment Opportunity Commission. (n. d.). Filing a complaint. Web.
United States Courts. (n. d.). Civil cases. Web.