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Legal Process Paper
Employment discrimination is a violation that is more common in the workplace than many other types of issues. Because of the seriousness of this type of violation there have been many steps taken to insure that the individuals who are the recipients of this kind of action can seek legal restitution. First, it is important that the guidelines are clear and that employees understand what types of protection the law provides against discrimination. Second, it is important for employees to know how they go about filing charges if there has been a discrimination law violation. There are several laws that govern the guidelines against discrimination in the workplace. The following are some of these
1. Title VII of the Civil Rights Act of 164 (Title VII), which prohibits employment discrimination on the basis of race, color, religion, sex, and national origin.
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. The Equal Pay Act of 16 (EPA), protects men and women who do basically the same type of job and work in the same company from sex-based wage discrimination.
. The Age Discrimination in Employment Act of 167 (ADEA), protects employees who are 40 years of age or older.
4. Title I and Title V of the Americans with Disabilities Act of 10 (ADA), prohibits discrimination against qualified individuals with disabilities in the private sector as well as in state and local government offices.
5. Sections 501 and 505 of the Rehabilitation Act of 17, which prohibit discrimination of qualified individuals with disabilities in the federal government.
6. The Civil Rights Act of 11 provides monetary damages in cases of intentional employment discrimination as well as other discrimination issues (http//www.eeoc.gov).
If an individual believes that he or she has been discriminated against on the basis
Race, color, religion, sex, or national origin when applying for a job or in an existing job, they are encouraged to file a discrimination charge with the EEOC. These charges may be filed in person or by mail or by telephone. In order to prevent delays in the process, it is necessary to stay within the guidelines set forth by the agency.
The first thing an individual should do is to make sure the charges are filed with the EEOC within 180 days of the discriminatory action. Some states and locations have anti-discrimination laws and agencies that are there to grant or seek relief. In those cases, the injured individual has 00 days following the discrimination act in which to file. If the state or local agency stops its processing of the charge, the individual has 0 days from that date to file with the EEOC. It is important to file as soon as possible because delaying could prevent any remedy that would, otherwise, have been awarded.
When possible, some individuals choose a process called mediation, when seeking remedy from employment discrimination. The mediation process is fair and is usually successful in helping to resolve employment disputes and reach a reasonable agreement. This type of process helps to reduce tension in the workplace after agreements are made and is less costly to the employer. As an alternative to the litigation process, mediation is a form of Alternative Dispute Resolution that is offered by the EEOC. During this process, the employer and the employee have a chance to discuss the issues and examine any misunderstandings that may exist. It is an informal process and is conducted by a third party who is neutral and whose job it is to help the parties reach an agreeable resolution. He or she does not offer suggestions or impose ideas to the parties, but instead, just helps the parties come to an agreement on a mutually acceptable solution. The process is private and confidential and proceedings are not discussed with anyone.
The first step of the mediation process begins by the EEOC department when they contact the employer and the employee and make sure of their willingness to participate in the process. The agent then will schedule the mediation session and contact a trained mediator who will also attend the session. At this time either parties are free to retain counsel to be present at the session, but it is not required. If the mediation process is not successful, the charge will be investigated in the usual manner.
There are several advantages to using the mediation process
1. It is efficient and is less costly in terms of time as well as money. It offers prompt resolution and is usually concluded within one to five hours.
. The mediation process is a fair one because the mediator has no investment in either of the parties. Their only role is to help the parties reach an agreeable resolution.
. This is a confidential process in which no recording by audio or video is done. Any notes that are taken are discarded promptly upon completion of the session.
4. Settlement of the issue does not mean that the employer has admitted guilt of employment discrimination or violation of any EEOC laws.
5. Mediation processes avoid expensive and time consuming court proceedings.
In conclusion, this is only a small glimpse into the legal processes that are available to
Individuals who feel they have been discriminated against in the workplace. No one should have to endure discrimination in employment and it is important that employees understand the processes they have available to them through the legal system. Mediation is a popular process and is one that provides resolution in a less uncomfortable method. It provides fast resolution with less cost to the employer and in many cases produces a much better work environment for both parties.
References
The U.S. Equal Employment Opportunity Commission. Retrieved from the Worldwide
Web on Monday, September 14, 00. http//www.eeoc.gov/docs/adrstatement.html
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