Formal Claims Process example essay topic

In this paper we are going to be looking at the claims process through the Equal Employment Opportunity Commission (EEOC) and the civil litigation process from the state level through the Supreme Court. For the most part they are very similar but some of the differences between the two will are noted. The first step in filing an employment discrimination complaint should be to seek some EEOC counseling either from the company / employer agent or from an outside counsel. This would probably help in eliminating some of the claims that might not have the merit needed to support the claim or could be handled by both parties outside of the formal claims process.

When filing a claim there are parameters pertaining to the amount of day allowed for the process to cycle, the maximum amount of days allow for filing a claim is 180 days. If the claim issues are not resolved during EEOC counseling, a formal EEOC complaint may be filed with the Departmental Office of Civil Rights (DOCR) within 15 calendar days after the agent's receipt of the notice of right to file a complaint. This is somewhat true for both the state and federal regulations. The second step is to get an Administrative Judge from an Equal Employment Opportunity Commission (EEOC) to determine as to whether or not to go forward with the complaint as a class action suite. Within 30 calendar days of receipt of the formal complaint, DOCR will be required to forward the complaint for review.

It would be at that time that the EEOC could recommend dismissal of the complaint pending that it does not meet the requirements of a class complaint. This would be a case where the case does not contain sufficiently specific allegations. If the complaint is accepted, claimants will be notified by the agency. It would be at this point that the case would be categorized as a class (A, B, or C) claim. If the claim were recognized, as a certified complaint, then it could be routed to the "Fast Track" process. This would suggest that wrong has been committed and conciliation for the wrong is recommended at this point.

When it is realized that a case of discrimination has occurred, then the claims process can move to the third step. Depending on the class of the claim many things can happen here. Mediation is can sometime take place, it is quick and cheap and usually brings all the parties together. A mediator will listen to both sides and try to help identify areas of strengths and weaknesses that can lead to resolution.

However, it is also the time for an arbitration to occur and this can also move very fast. Arbitration is where both sides will have the chance to present their case to a panel of people or to a judge. This is sometime a very powerful opportunity to either convince or compromise the integrity of the case. Form here the claim will be sent to the 706 Department.

Here there is a 60-day widow of time allowed for the process to happen. Once the case has gotten to here the last and final step would occur. The findings of the case would then be reviewed and final determination of the claim could be reconciled, filed or issued a Right to Sue Letter. This would only happen if all administration remedies were exhausted and no other action was warranted.