Introduction
Equal Employment Opportunity Commission or EEOC is the federal agency responsible for protection of workers from discrimination. Any employee who believes that he faced discrimination at workplace can file a complaint. In the case of John, he can file a complaint against his employers with the EEOC, but it needs to be done within 15 days after he receives notice from EEOC counsellor. In addition, he needs to fill all important details related to his case and his personal information to start the investigation process (EEOC, n.d.).
EEOC Process
The process starts with the filing of a formal complaint and includes all necessary details in the complaint form. The first thing that John needs to take care during the discrimination complaint is identifying the charge of discrimination. For this, John would need to contact office of the EEOC. The agency has 180 days for conducting investigation and the deadline can be extended to another 180 days, if any new information is added to the discrimination complaint. John also has the right of agreeing an extension for investigation of at most 90 days (EEOC, n.d.).
The local and state agency that handles enforcement of workplace anti-discrimination laws is called the FEPAs (Fair Employment Practices Agencies). FEPA and EEOC work with each other for ensuring individuals like John receive protection under federal and state laws without work duplication. In case FEPA files a discrimination claim, which is covered under federal law, they submit a copy of the claim to EEOC for protecting individual’s rights. Similarly, if the EEOC receives a discrimination complaint, which falls under local and state law, FEPA would be sent a copy (EEOC, n.d.).
After the discrimination charge is filed and the EEOC questionnaire is completed, EEOC needs to notify the employer. This needs to be completed with 10 days of employee filing the charge. The employer and employee can resolve their differences through dispute resolution method called mediation. Mediation involves a third party that helps in sorting the discrimination change by discussing issues of both parties. According to the U.S. courts, the mediation process needs to be confidential, informal and non-binding (EEOC, n.d.).
If both parties fail to agree on mediation, or in case mediation process is unsuccessful, EEOC inspector is assigned the charge. The EEOC investigation starts at the state level in case of a private sector organization and it is conducted at both federal and state level when the employee is federal worker. After the completion of the EEOC investigation, if no violations are found, the employee is given the Right to sue notice. After receiving this notice, the employee has total 90 days for filing a lawsuit. In case a violation is found, the EEOC instigated voluntary settlement to settle the case. If both parties fail to settle, the EEOC asks the opinion of staff lawyers for determination of the next step i.e. filing a lawsuit. If the case reaches the court where an employee fails to agree with the end result; he/she can then file an appeal supported by sufficient cause (EEOC, n.d.).
Other Aspects
ADR (Alternative Dispute Resolution) is another method for dispute resolution, which can be used by individuals before they pursue any legal action. Mediation itself is a form of ADR. There are other ADR methods which include negotiation, conciliation, and arbitration. Some companies utilize ADR methods within their company. Counselling is one of the in-house ADRs . Several employers provide their own methods for resolution of disputes before the matter gets out of hand and employee files a charge with the EEOC.
There are other protections that can be commonly witnessed for managing workplace disputes and discrimination complaints at the workplace. Laws such s Civil Service Reform Act, Equal Pay Act and Executive Orders are just some of the examples of laws that are practiced for protecting employee rights and ensuring workplace discrimination is identified and penalized (EEOC, n.d.).
Conclusion
Workplace discrimination is an unfortunate and common occurrence at most offices.
In case an employee believes that discrimination has taken place against him/her at the workplace, it is within his/her rights to file a complaint with the EEOC. EEOC operates as a federal agency for protecting the rights of individuals at workplace against the evils of discrimination. The EEOC process starts with initial complaint filing and ends with a final decision made via the court system or through ADRs.
References
EEOC. (n.d.). Facts about Discrimination in Federal Government Employment Based on Marital Status, Political Affiliation, Status as a Parent, Sexual Orientation, and Gender Identity. Retrieved 28 February 2016 from, http://www.eeoc.gov/federal/otherprotections.cfm
EEOC. (n.d.). Filing a Formal Complaint. Retrieved 28 February 2016 from, http://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm
EEOC. (n.d.). Fair Employment Practices Agencies (FEPAs) and Dual Filing. Retrieved 28 February 2016 from, http://www.eeoc.gov/employees/fepa.cfm
EEOC. (n.d.). Mediation. Retrieved 28 February 2016 from, http://www.eeoc.gov/employees/mediation.cfm
