Discrimination in the Workplace

John is a private sector employee that wishes to file a discrimination complaint against his employer because his rights of employment have been violated. John must follow the appropriate steps in order to pursue his case and obtain the justice in which he deserves.

First, John must immediately contact the Equal Employment Opportunity Commission (EEOC), as this is required before the pursuit of a private lawsuit. After the alleged violation has taken place, John only has one hundred eighty days to file his complaint in order to protect his rights. In doing so, it is quite possible that he may also be required to complete an intake questionnaire, providing information such as his own personal information, employer information, the date and description of which the violation, discrimination, took place. This questionnaire serves as the foundation of John obtaining his justice in that he must complete this step before building his case upon it.

The EEOC will then take John’s information and begin an investigation if his complaint directly violates one of the local or state laws enforced. Investigations could include a variety of investigating techniques such as interviewing people, visiting the site of which the complaint derived, viewing specific documents, and possibly even entail the EEOC requesting information through written requests. The investigation’s severity outcome will make the next steps evident. If the investigation seems fallible, meaning the proof is not evident; the investigation may require a follow-up investigation. However, if at any point the EEOC views the investigation as being weak or unsound, the agency will call off the investigation due to the lack of evidence in proving the complaint as being a violation to the law.

Once the investigation confirms violation(s) to the law, the EEOC will disclose the information discovered to the appropriate parties. If at this point, both parties agree with a mediation process, a mediator will participate as a neutral party, aiding in the finding of a compromised solution, thus saving the charging party and the employer not only time, but also the costly procedures in regards to continuing investigation that may precede a lawsuit. If the parties refuse this option, investigation will continue in order to decipher whether or not the decision to sue or not to sue are necessary.

If John’s complaint is deemed justifiable, but settlement attempts fail, the EEOC may quit the case and John will have the right to sue his employer on his own, as notified by the ”Right to Sue” letter from the EEOC. In this case, John should provide himself with his own lawyer in order to sue his employer within the required time frame of ninety days.

After the investigation, the EEOC could truly aid John in obtaining remedies such as lost wages, promotions he may have missed out on due to the complaint and investigation, get him hired if the discrimination involved him not getting hired for a discriminatory reason, and have the employer account for attorney fees, court fees, or any other fees John may have acquired during the process.

It is difficult to suggest whether or not the case could go further, being that the scenario gives no description of the actual type of discrimination. There are specific laws that protect the rights of employees in specific situations such as age discrimination, sex, sexual harassment, religion, race, pregnancy, retaliation, equal compensation, disability, and national origin. For example, the Age Discrimination in Employment Act of 1967 (ADEA) protects individuals that have been discriminated against in regards to age. Those able to follow suit are those forty years of age or older. However, it is unfair to suggest this applies to John because we do not know his age, we do not know if his employer has twenty employees or more, or the description of his occupation as to where he works and his occupational title.

Other laws that are not so specific protect those whose rights have been violated in a variety of different situations. An example of this type of law is the Americans with Disabilities Act. The act not only is self-explanatory in regards to protecting those with disabilities, but this law is also enforced for those dealing with threats, intimidation, and harassment.

With these things taken into consideration, understanding that we do not know the severity of John’s allegations toward his employer or the type of discrimination, it is unfair to suggest the next steps John must take to resolve his situation. It is obvious that he must take the first step in contacting the EEOC and follow procedure as they deem necessary. From there, it will be decided John’s fate after the investigation takes place, the outcome of his and his employer’s decision to consider mediation, settling, and or compromising before a “Right to Sue” letter is issued, and what steps will follow thereafter.