The claims process through the (EEOC) and the civil litigation process from the state level through the Supreme Court

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Abstract

In this paper, I will discuss the claims process through the Equal Employment Opportunity Commission, and the civil litigation process from the state level through the Supreme Court. In researching these topics, I gathered information from the Internet.

The claims process through the (EEOC) and the civil litigation process from the state level through the Supreme Court

There is a process in which to remedy discrimination against an employee. I will discuss the practices that need to be followed in order to file a formal complaint with the EEOC. I will also talk about the civil litigation process from the state level through the Supreme Court. I researched these topics at length on the Internet, and have found that there are many different steps that need to be taken in order to come to resolution of a complaint.

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Method

I researched this topic in a variety of different ways. I read the textbook assigned to this class as well as searching the Internet for any relevant information.

A person who feels that they have been discriminated against must first contact an EEO counselor. This must be done within 45 days of the incident and prior to filing a formal complaint. The counselor will sit down with them and disclose all of their rights in writing. The counselor will explain the procedures that need to be followed when filing a complaint, the time frames that need to be adhered to, and attempt to help resolve the problem informally. This counseling must take place within 0 days of the date that the EEO office was contacted and

counseling was requested. An additional 60-day extension is allowable upon meeting certain criteria. If the issue has not been resolved at the end of the time period, a "Notice of Final Interview" will be sent to the aggrieved party. This "notice" advises them that they have 15 days to file a complaint. Once a formal complaint is filed, the agency has 180 days to investigate the complaint. The agency will then provide the complainant with a copy of their investigative file. The complainant then has 0 days to request a hearing and a decision from an EEOC AJ. Once a request for a hearing has been received and the complaint file has arrived, the AJ must conduct the hearing within 180 days. Once a decision has been made, the AJ must issue a final order within 40 days. Each complainant has the right to appeal the final order. When filing an appeal, "The EEOCs decision will be based on a preponderance of the evidence. The decision will also inform the complainant of his or her right to file a civil action." The U.S. Equal Opportunity Employment Opportunity Commission's website (http//eeoc.gov/federal/fedprocess.html). At this point a civil action may be filed.

When filing a civil action, there are certain steps you need to take. If your claim is for $000.00 or less, you make take your case to small claims court. If it is for over $000.00, the first step that needs to be taken in any action is to consult a lawyer who will advise you of the merits of your claim, and any potential outcome. Your lawyer will also assist you in making sure that you are aware of all limitation dates. At this point a statement of claim needs to be prepared. This

statement will outline your position and make a claim for either a liquidated or unliquidated amount of damages. The court will issue this statement and the original copy is served on the Defendant. Once proof of service has been received, the person served has 10 days in which to file a defense to the action. This defense must be filed with the court, and a copy sent to the plaintiff's lawyer. If this is not done within the time period allotted, the plaintiff has the right to apply to the court for a default judgement. If the defense needs more time to prepare the action, the plaintiff's lawyer can grant a reasonable extension. This is a common practice as 10 days is not enough time to advise a client, and prepare a proper defense. Once the defense has been received both sides start the information gathering process. They will review documents, and interview people and prepare a "book of documents". This book has to be served upon the defendant's lawyer, and a list of the documents must be filed with the court. Once the defendant's lawyer receives this book, he has 10 days in which to produce the "defendants book of documents". As with the defense, the plaintiff's lawyer may grant an extension. Once the document disclosure has been accomplished, the discovery phase takes place. This is where both sides "discover" each other's witnesses. They interview some or all of the witnesses under oath, and this interview is recorded, and may be used in court later. The interview has to take place when both lawyers can be present, and the witness has the amount of time available that the lawyer needs. Once all the documents have been exchanged, and the discoveries are completed, both sides need to submit to the court a "Certificate of Readiness for Trial". This tells the court

whether or not both sides feel that it would be beneficial to have a settlement conference before the judge. If they feel that it would be beneficial, a date is set and both lawyers must be available for that whole day. Each lawyer has to prepare a "Settlement Conference Brief", and this has to be submitted to the court before the conference date. Each side will present the case that they must meet. This is done informally, and no witnesses are called. The clients may or may not be present. At the settlement conference, the judge will attempt to facilitate between the two parties. If no resolution can be reached, the judge will make a non-binding judgement. The parties can choose to accept it or continue to trial. A different judge who has no knowledge of the outcome of the settlement conference will hear the trial. Once it has been determined that a case must go to trial, a pre-trial conference date is set. On that date both lawyers meet briefly with another judge so that the judge can determine that both parties agree upon the issues for trial, all preliminary matters have been dealt with, and that both parties are ready to proceed to trial. At this time a trial date is set, and the lawyers work to prepare all witnesses for trial and gather all other documentation needed. At the end of the trial, the judge reserves the right to go back over all the evidence presented, and will not necessarily make a judgement immediately.

The civil litigation road is a long one. Although the process is very orderly, and the steps are logical, they are all very time consuming. To resolve a civil litigation case successfully, you must have a good understanding of the process, and be able to use it effectively.

References

The U.S. Equal Opportunity Employment Opportunity Commission's website (http//eeoc.gov/federal/fedprocess.html).

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