Employment Law - Employment Essay Example
The Equal Employment Opportunity Commission or EEOC was formed in 1964 in the U - Employment Law introduction. S. in order to do away with bias based on colour, national origin, race, religion or sex in employment. It accepts complaints in respect of discrimination, which it investigates and endeavours to remedy through reconciliation. In case of failure in this endeavour, it brings suit in federal court . Such charges can be filed either by telephone, mail or at the EEOC office. In order to obtain more information, an aggrieved person can contact the EEOC by making a call to the toll free numbers.
Moreover, interpreters’ help for those employing sign language is provided in order to enable the filing of a charge. Charges falling under Title VII, alleging such discrimination have to be submitted to the EEOC within 180 days of such acts. If the state in question has implemented antidiscrimination legislation through an agency, then complaints have to be made before such an agency. Moreover, a charge can be filed with the EEOC, in such jurisdictions, either within 300 days of the discriminatory act or within 30 days of having been intimated by the state agency that it has concluded it’s processing of the charge, whichever is earlier.
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The ideal and practical recourse is to approach the EEOC, the moment that discrimination is suspected, because charges or complaints filed after these time frames have lapsed may not be considered . All private employers come under the ambit of Title VII and the ADA if they employ more than 14 persons. At the time of filing such charges the following information is to be provided, namely, the complainant’s name, address and telephone number; name, address and telephone number of the employer; a succinct account of the discriminatory incident and particulars of when such an alleged violation transpired.
The EEOC files suit if it is convinced that discrimination occurred and if its conciliation efforts have not yielded results. A private suit can be filed within 90 days of receiving a notice of right-to-sue from EEOC. Further, suit can be filed within 90 days of intimation from the Commission that it has either dismissed or brought to an end the proceedings in cases involving timely charges of age discrimination. If there is discrimination under the Equal Pay Act or EPA, which is also a violation of Title VII, then it is permissible to file charges concurrently under both laws.
Such cases have to be filed within two years of the incident. In such cases also, if the EEOC is convinced that discrimination had taken place and if its rapprochement efforts meet with failure, then the EEOC can file a case in the federal court on behalf of the victim. The procedure adopted by the EEOC is that it first, obtains information in respect of the suspected discrimination and then drafts a charge. Second, it informs the employer in respect of this charge.
Third, if it is established that discrimination transpired, and then the EEOC makes attempts to bring about reconciliation by asking the employer to willingly remove and set right this inequity. Fourth, if this fails then the EEOC will resort to a legal suit in a federal district court . In the district courts and the circuit courts of appeal the EEOC represents itself under the direction of the General Counsel. The formal legal views of the Equal Employment Opportunities Commission’s in respect of court enforcement actions are incorporated in what is termed as a “brief” or legal memorandum, which is a legal document.
The objectives of these legal memoranda are to talk about the situation obtaining with regard to the implementation of Commission policy guidelines that had been declared previously. Furthermore, the purpose of these legal memoranda is to provide clarification in respect of “Agency practices in the context of specific fact situations . ” In the United States Courts of Appeal, several briefs have been taken up and discussed threadbare, which have deal with important legal issues that could possibly have a bearing on the method utilized in order to elucidate employment laws.
In the Supreme Court, the Solicitor General of the United States represents this Commission and relevant legal memoranda are submitted by the Solicitor General of the United States at the Department of Justice . The Supreme Court opined whilst rejecting an argument that a nationwide pattern-or-practice action prosecuted by the EEOC barred private litigants from filing their own discrimination complaints at a later date: These private-action rights [under Title VII] suggest that the EEOC is not merely a proxy for the victims of discrimination . . . . Although the EEOC can secure specific relief, such as hiring or reinstatement . . on behalf of discrimination victims, the agency is guided by the ‘overriding public interest in equal employment opportunity . . . asserted through direct Federal enforcement. ’ When the EEOC acts, albeit at the behest of and for the benefit of specific individuals, it acts also to vindicate the public interest in preventing employment discrimination . As such the EEOC synchronizes all federal equal employment opportunity regulations, practices and policies; interprets employment discrimination laws and scrutinizes federal sector employment discrimination programs.