Explanation of the
             Discrimination Complaint and
             Civil Litigation Process
             Roy Anthony Woods III
             Employment Law Mgt/434
             Kathleen Butler
             May 4, 2004
            
            
            
            
            
            
            
            
            
            
            
             Explanation of the Discrimination Complaint and Civil Litigation Process
             Individuals that believe they have been discriminated against may file litigation charges with the Equal Employment Opportunity Commission (EEOC). To alleviate any further accusations, employers need to ensure that all policies and procedures are legal, fair, and consistently applied.
             As a private sector employee, John must file his claim within 180 days of the discriminatory incident. Although a recent Supreme Court case (Amtrak v Morgan, on June 10, 2002) allows a jury to look at actions occurring outside the statutory period. This means that the action filed may be an ongoing problem, so evidence is not limited to the particular event involved in the lawsuit. The purpose for the 180 day window is to attempt to ensure that parties and witnesses involved are available to accurately testify with clarity the events which led to the discrimination suit.
             Different states are governed by their own statues and codes as they applied to employment practices. States also have their own individual state and local enforcement agencies which handle employment discrimination claims. These agencies are responsible for receiving and processing discrimination claims referred to EEOC while also implementing their own state business on a work-sharing agreement with the EEOC. Title VII purpose is to have the problem resolved through discussions without resorting to litigation. The local agency works as a screener for more serious cases. If the complaint cannot be resolved at the local level, it then is referred to the EEOC for litigation processing.
             Once the complaint is filed with the EEOC, the EEOC serves notice within 10 days of the charges to the employer. The EEOC then screens new charges for...