Legal Process About Discrimination

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Table of Contents

Introduction
Discrimination as a Phenomenon
Starting with the EEOC
Charge Handling
Remedies
Lawsuits and Courts
Conclusion
References

Introduction

“We are all different”. This motto has become almost ubiquitous in the modern world. However, this statement frequently gets twisted up and results in quite the contrary: discrimination. Nowadays it lies within the jurisdiction of the legal system. This paper is only devoted to the judicial procedures against discrimination at work (imagine the ordinary American employee John in a private sector organization who was discriminated by his employer).

The essay starts with the definition of discrimination and proceeds with litigation and mediation processes from the complainant’s point of view.

Discrimination as a Phenomenon

First and foremost, I looked up the definition of this concept in the online version of the Oxford Dictionary. It defines discrimination as the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex (Oxford Dictionaries). The website of the US Equal Employment Opportunity Commission also adds a few more features to this list such as disability, nationality, pregnancy, religion and etc. (U.S. Equal Employment Opportunity Commission) To exemplify, Jamilah DaCosta, 25 years old, was not hired on account of her skin color (Place & Durkin, 2013) or John McCririck filed a complaint based on age discrimination (Cook, 2013).

Starting with the EEOC

To begin with, complainants are advised to do a test using a special assessment tool to decide whether the EEOC can help them. There are various possibilities to submit a complaint: schedule an appointment, by mail or by phone. So, if John were discriminated against, he would be flexible. He would be asked to report on the main details of the event including his credentials, the employer’s name, contacts and a short description. It takes usually from 180 to 300 days to file a charge, although it also depends on the type of discrimination (e.g. the rules slightly differ for age discrimination).

Charge Handling

As soon as the charge has been filed John receives notification within 10 working days as well as his employer. Sometimes the procedure of mediation could be applied which is an attempt to reach a voluntary settlement of a dispute. Both litigants have a right to turn it down or they can come down to negotiations and sign a written agreement. Usually, it lasts 3-4 months. Otherwise, the charge will be forwarded to an investigator.

The course of investigations always depends on the case. It contains gathering documents, interviewing the employer, witnesses and victims themselves. This stage endures as a rule for half a year. This might also be the case that no violation was found. In this situation, John would receive a Notice-of-Right-to-Sue that would enable him to make the employer appear before the court.

Remedies

Of course, if the charge is not being advanced to the court, the discriminated person is going to receive some compensation. First, the employer is demanded to put an end to any discriminative behavior on his part. Second, as typical remedies, the abused person can get a placement in the job, back pay or some other benefits. Third, the person can also recover attorney’s fees, court costs and so on. As far as employers are concerned, they might be fined for especially ruthless acts of discrimination for the state benefit or be forced to pay compensatory costs, for instance, costs associated with emotional harm.

Lawsuits and Courts

It is also possible to sue the employer regardless of the investigation progress at the EEOC. Discrimination cases appertain to civil cases. The court encourages the parties to settle the case also using mediation. If this doesn’t help, the court will schedule a trial. Either of the litigants has a right to request a jury trial. If no one does it, the case is examined by the judge only.

The first instance courts are districts courts. Of course, if the verdict of the first instance court does satisfy either party, it can appeal. So, if John lost the case, he would be able to appeal the verdict. Some of the cases are examined solely by the judge of appellate courts; sometimes the litigants are invited to a so-called “oral argument” where they are given a certain amount of time to represent their position. The final decision is often made by this court. Nonetheless, it can send the case back for further investigations or the parties may try to employ the Supreme Court which presents the highest instance court in this country to resolve the case (United States Courts website).

Conclusion

To conclude, the legal system as regards discrimination cases and related procedures is highly transparent and simple. John would need just to initiate the complaint and rely further on the agency’s assistance. Such a tool as dispute resolution is inherent in the system which signifies that some cases might be closed even before appearing in court. Assistance (e.g. mediators) is provided to facilitate processes even more. I am of the opinion that the US legal system with this respect has a well-structured and conveniently organized system.

References

Place, N., & Durkin, E. (2013). Because you’re black. Daily News. Web.

Cook C. (2013). John McCririck loses age discrimination case against Channel 4. Theguardian. Web.

Discrimination. (n.d.). In Oxford Dictionaries. Web.

United States Courts website. (n.d.). Web.

U.S. Equal Employment Opportunity Commission. (n.d.). Web.

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