Filing a Discrimination Complaint with the EEOC and in Federal Court
In the case where John wants to file a discrimination complaint against his employer, federal law requires that he must file the complaint with the EEOC - the Equal Employment Opportunity Commission - within 180 days of the alleged discrimination. To file a complaint at the EEOC, John must write a letter to include the following information: His name, address, and telephone number; the name, address and telephone number of the employer (or employment agency or union) he wants to file a charge against; the number of employees employed there (if known); a short description of the events John believes were discriminatory; when the events took place; why he believes he was discriminated against (for example, because of his race, color, national origin, sex, religion, age, and/or disability); and the letter must include his signature (EEOC, 2005).
Once John files his complaint, his employer will be notified of the complaint. From there, one of several actions will be taken. A charge may be considered for either priority investigation or follow-up investigation, depending upon whether or not it is apparent that a violation of law has occurred. An investigation includes requests for information, interviews, documents, and sometimes a visit to the facility where the alleged charge took place. At any time during the investigation, if both parties express an interest, the matter may be referred to mediation. Mediation is an Alternative Dispute Resolution (ADR) that utilizes a neutral party to help the two sides of a charge come to a resolution that is mutually agreed upon. Mediation avoids lengthy investigations and often ends a dispute in half the time as an investigation; however, if mediation is unsuccessful or undesired in resolving the dispute, the investigation will continue until EEOC reaches a decision (EEOC, 2005). Following the investigation, if the EEO...