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Discrimination Complaint Against Employer

When an individual wishes to file a discrimination complaint against an employer, he/she must first notify the Equal Employment Opportunity Commission about it. Discrimination charges must be filed with the EEOC within 180 days from the date of the alleged discrimination; this deadline is extended to 300 days if the charge is also covered by either state or local anti-discrimination laws. Generally, the aggrieved party must file discrimination charges with the EEOC first before filing a private lawsuit in court. An exception to this rule would be for claims that fall under the Equal Pay Act, which does not require persons to file a charge with the EEOC prior to taking the matter to court.

After a charge has been filed, the EEOC notifies the employer and begins an investigation into the matter. During its investigation the EEOC may review documents, request for further information to be disseminated, conduct interviews with various individuals involved in the matter, and make visits to the facility where the alleged discrimination occurred. After the investigation's completion any evidence that was compiled is reviewed by the EEOC. If insufficient evidence exists towards establishing that discrimination has occurred, the EEOC w


In the event that the appellate court's decision proves to be unsatisfactory, then its decision may be further appealed to the United States Supreme Court. It also has a panel of judges for hearing the case, which consists of one Chief Justice and eight associate justices. Each year the court hears a limited number of cases emanating from either state or federal courts. These cases have to involve questions pertaining to the Constitution or federal law. The decision taken by the US Supreme Court regarding the case is meant to be final.

ill close the case and notify the charging party that it has 90 days in which to file a private lawsuit on its behalf.

During the pretrial process, both parties undertake a fact-finding mission known as discovery, which is where the opposing sides obtain information from each other in order to develop their positions. Methods of discovery include conducting interrogatories, or questioning the opposing side, obtaining depositions, which entails interviewing potential witnesses, requesting for documents from the opposing side, and ordering physical or mental examinations of persons whose health is in dispute. Both sides also have the right to enlist experts to serve as witnesses on their behalf.

If, however, the evidence establishes that discrimination has indeed occurred, then the EEOC will notify both the employer and charging party of this in a letter of determination. At this point, the EEOC will attempt to urge both parties towards settling the matter through mediation.

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Approximate Word count = 1027
Approximate Pages = 4 (250 words per page double spaced)


  

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