Process Claims For The Eeoc example essay topic

For this assignment, we are to perform an internet search on the claims process through the Equal Employment Opportunity Commission (EEOC) and the civil litigation process from the state level through the Supreme Court. Then, we are to prepare a paper outlining these processes. This author intends to utilize the course textbook, the suggested internet sites and others to first learn and acquire an understanding of the procedure necessary to pursue a claim, then construct a paper that outlines the method and mediation process, dispute resolution practices and the litigation process. The Equal Employment Opportunity Commission is an office, created by the federal government that ensures that employers treat employees in a reasonable manner and afford protection so that employees are not subjected to behavior which is discriminatory on the basis of race, color, religion, sex, national origin, disability or age. If an employee or potential employee feels that they have been discriminated against or subjected to unjust harassment, they have the opportunity to file a claim with their local EEOC office.

It should be noted that it does not cost anything for an employee to file claim and the EEOC must ensure that each claim that they receive is investigated. According to the EEOC's web site, it is there policy to seek full and effective relief for each and every victim of discrimination. As remedies, they may seek one or more of the following: . Posting a notice to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation... Corrective or preventive actions taken to cure or correct the source of the identified discrimination. Nondiscriminatory placement in the position the victim would have occupied if the discrimination had not occurred.

Compensatory damages. Back pay (with interest if applicable) and lost benefits. Stopping the specific discriminatory practices involved. The EEOC recognizes that individual states have their own fair employment practices laws.

These agencies may contract with the EEOC to become what are known as "706" agencies (Named for section 706 of the EEOC act). 706 agencies receive and process claims for the EEOC as well as ensuring to carryout the protections afforded by each individual state (Bennett-Alexander & Hartman, p 83). After claims are filed with the EEOC or 706 agency, EEOC personnel carry out the process of investigation the claim and talking to all parties concerned in an effort to gather facts. Then, the EEOC would probably invite all parties concerned in a mediation process. Mediation is a form of arbitration where the parties choose to try to work out a solution to the charge without intervention of the EEOC.

Both parties must agree to mediation, or the claim is turned back to the EEOC for investigation and or "Conciliation", where the EEOC offers suggestions to both parties on a resolution. Information gathered or shared at mediation cannot be revealed to anyone, including the EEOC. If the EEOC determines that there is no cause to a complaint, they issue a right to sue letter to the claimant. The claimant is then able to file suit against their employer within 90 days in federal court. If the EEOC's investigation shows that a claimant was subjected to discriminatory actions, and both mediation and ability to reach conciliation were unsuccessful, the EEOC may file a civil action in federal court.

In this case, the claim is handled as if no investigation has been done by the EEOC. However, the bottom line though is that a claimant is required to utilize the EEOC and cannot file claim in Federal or State Courts until they have exhausted all the administrative remedies (Bennett-Alexander & Hartman, pp 84-85). The EEOC provides protection for all employees and allows for a process that ensures that all parties concerned in a discrimination complaint are afforded rights that allow them to either prove their allegation or defend themselves from frivolous or unsubstantiated claims. The process seems as if it affords each and every employee with the means necessary to combat discriminatory actions by employers.

If there were no EEOC, only employees who can afford legal counsel and had the time to investigate and substantiate there claims would prove to have benefited from our judicial system.