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Legal Process Paper

1588 words - 7 pages

Legal Process Paper

University of Phoenix

Employment Law/MGT 434

Anne Peters

November 04, 2008

Legal Process Paper

In this paper, employees will learn the basic process, to file a discrimination complaint

against an employer. The process to file a complaint base on any type of discrimination is

very similar; however, in this case the discrimination is Racism.

John Flores, is a 40 year old male, with African American, and Hispanic parents. He

works for the private sector, and has been at his job for 10 years. John has never had a

problem at work, everyone treats him with respect, and he has been employee of the year

several times. John is the only ...view middle of the document...

Smith. John

continued to get the worst shifts. In several occasions when John walked into an area that

Mr. Smith was in, talking to others; Smith would start whispering and giggling.

everyday Smith would embarrass John, complaining about his work, in front of other

employees.

Coworkers of John started to notice, and commenting to John about the situation;

they comment, Smith had a personal vendetta with John. John tries to dismiss the

situation.

Until one day John overheard Mr. Smith, talking to another supervisor, saying “I

can not understand why the old administration would hire a black guy or a Hispanic

guy, never the less a Black-Hispanic guy, when there is so many real Americans to hire”.

The other supervisor smiled and told Smith he should be careful, with those comments.

Smith comments “You will see, I will get John out of here”. John is upset, and does

Not know how to handle the situation; John is now scared, and does not dare to

confront his supervisor. John comments what he heard to a coworker, who advices him

to talk to the supervisor, in case he heard wrong, John talks to the supervisor, what appear

to be in private, but the other employee is near by, and overhears, Mr. Smith, telling John

“ yeah I said it you half-breed, and you can not do anything about it, because it is your

word against mine”, and then he walks away. John is in shock, and says to the coworker,

who heard everything that, he is just going to quit, to avoid problems. John’s coworker

advices him to file a discrimination complaint with the EEOC (Equal Employment

Opportunity Complaint) office(Benett & Harpman, 2008).

The first step for John is to fill out a questionnaire at the nearest EEOC office, or to

fill it out on line.

To fill the questionnaire a employee is going to need the following:

a) The complaining party’s name, address, and telephone number;

b) The name, address, and telephone number of the respondent employer,

Employment agency, or union that is alleged to have discriminated, and number

of employees (or union members), if known;
c) A short description of the alleged violation (the event that caused the complaining
party to believe that his or her rights were violated); and
d) The date(s) of the alleged violation(s).
If the employee is a federal employee, he or she must look at the Federal sector Equal
Opportunity Complaint Processing. John must file with EEOC within 180 days from the
day of the alleged violation. The days can be extended to 300 days if the charge is also
covered by a state anti-discrimination law. After John files the complaint, notification
will arrive, explaining that EEOC has indeed received the charge, and has filed. If the
initial facts appear to support a law violation the charge may be expedited. If EEOC
needs more information, it may summit the charge for follow...

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