There are numerous laws in United States that prohibit employment discrimination of all types. The United States Constitution prohibits any form of discrimination either through sex, color or religion in the federal and State Governments. The private sector has been said to enjoy less constrain from federal and state law. However, due to the growing concern, a number of laws have been put up to counter discrimination in the private sector. The fifth and Fourteenth Amendments of the United States Constitution have made provisions barring discrimination in employment. In addition, there are federal statutes which have specific provisions which prescribe specific cause of action on occurrence of such violations (U.S. Equal Employment Opportunity Commission, 2012).
The facts at hand presents a discrimination case of an employee called John. This paper seeks to address the legal process that john can follow to realize the right remedy. The enforcement of John’s right will start with filing a complain to the Equal Employment Opportunity Commission which has powers to enforce complains under Equal pay Act, Age Discrimination in Employment Act , Title VII of the Civil Rights Act inter alia (Hubpages, 2009).
The Commission derives its powers from Title 29 of the Code of Federal Regulations part 1614. The central office of the Commission has the mandate to encourage resolution of both formal and informal disputes. John will be required to file a claim in the offices of the commission which then will investigate and determine the legal violation. It is a requirement of the law that the complaint must be filed within 180 days from when the violation occurred. The next step after the filing of the charge is notification of the employer. The time prescribed by law for notifying the employer is 10days after the charge has been filed. It is imperative to note that a charge does not mean that the employer is guilty of discrimination but the sole duty to investigate the allegations rests with the Equal Employment Opportunity Commission. The Commission may arbitrate or mediate over the matter if both parties are willing. Mediation and settlement process is optional and John may choose not to follow it (U.S. Equal Employment Opportunity Commission, 2012).
The working of the commission is very important for John to understand since no suit can be entertained before the remedies under the Equal Employment Commission are exhausted. In the evaluation of the charge submitted, the commission normally makes a request to the party who filed the charge to submit a Statement of Position. The Statement of Position is followed by request for information whereby copies of personnel policies are admitted. Upon satisfying the above requirements the commission makes an on site visit to validate the claims. It is an evidence finding process. At this stage John’s charge has been taken by the investigator who conducts witness interviews. Both John and the employer have a duty under the law to cooperate with the investigator by offering facts that may assist in completing the investigation (Hubpages, 2009).
When the investigations are completed the commission is supposed to make a determination as per the merits of the charge. In an event that the commission finds no merit in the charge, a dismissal and issuance of a Notice of Right will be entered. However, if the commission has reasons to believe that the discrimination has occasioned, Letter of Determination will be availed to both parties (Hubpages, 2009).
The next step by the commission is to encourage the parties to agree on conciliation. If conciliation fails, the Commission may litigate in a federal court or issue John with a Notice of Right to Sue. John is supposed to file the suit within 90days after the Notice of Right to Sue. The process of suing up to the Supreme Court is dictated by dissatisfaction with the ruling in the first federal court. The case can reach Supreme Court through several appeals (U.S. Equal Employment Opportunity Commission, 2012).
The process of litigation under the federal laws entails many steps which ought to be followed if a party desires to get a remedy for the infringement. The role played by the commission for Equal Employment opportunities is paramount and can not be underestimated. The only way a case can reach the Supreme Court is by appeals.
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