Term Paper on "Employment Law Hypothetical Case: John"

Term Paper 4 pages (1380 words) Sources: 1+

[EXCERPT] . . . .

In case EEOC decides not to sue, it will issue a notice closing the case and give the charging party 90 days to file a lawsuit. (Ibid)

Lawsuit for Employment Discrimination

After receiving a notice of a "right to sue" from EEOC, the complainant may file a lawsuit in a federal court within 90 days. Under Title VII of the Civil Rights Act and the American Disabilities Act (ADA), the complainant can also request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission. Under the Age Discrimination Employment Act (ADEA), a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge. Under the Equal Pay Act (EPA) a lawsuit must be filed within two years (or within three years in case of willful violations) of the discriminatory act. (Ibid.)

The U.S. District Court:

The first "port of call" for the litigant is the United States district court -- the trial court of the U.S. federal court system. There are 94 federal judicial districts in the United States, including at least one district in each state, the District of Columbia and Puerto Rico and the complainant would file his lawsuit in the district court of the judicial district where he is located. The district court hears and decides a lawsuit on merit as per the U.S. law after hearing both sides of the issue. ("U.S. District Court" 2002)

United States Courts of Appeal:

Either party has the right of appeal if it is not satisfied with the decision of the federal district court in the employment discrimination lawsuit. The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit. ("U.S. Court of Appeals")

The U.S. Supreme Court

The United States Supreme Court consisting of the Chief Justice of the United States and eight associate justices is the apex court of the land. Decisions of the U.S. Court of Appeals can be challenged in the Supreme Court. However, the Supreme Court hears a limited number of the cases that involve important questions about the Constitution or federal law. ("U.S. Supreme Court" 2002)

Relief and Remedies Available

The relief or remedies available to John for employment discrimination, include back pay, hiring, promotion, or reinstatement. The EEOC or the Courts may also allow payment of attorneys' fees, expert witness fees, and court costs if discrimination is proved. Compensatory and punitive damages also may be awarded in case intentional discrimination is found. ("EEOC's Charge Processing Procedures" 2003)

References

"California Information for Employees, and Applicants for Employment." (n.d.) Eeolaw.org. Retrieved on September 8, 2005 from http://www.eeolaw.org/ee-guide-ca.html

'Discrimination Complaint Process -29 CFR 1614." (n.d.) U.S. Department of Health and Human Services. Retrieved on September 8, 2005 from http://www.ihs.gov/AdminMngrResources/eeo/download/1614.pdf

'EEOC's Charge Processing Procedures." (2003). The U.S. Equal Employment Opportunity Commission. Retrieved on September 8, 2005 from http://www.eeoc.gov/charge/overview_charge_processing.html

"Federal Equal Employment Opportunity (EEO) Laws." (2004). The U.S. Equal Employment Opportunity Commission. Retrieved on September 8, 2005 from http://www.eeoc.gov/abouteeo/overview_laws.html

'Filing a Charge of Employment Discrimination." (2003). The U.S. Equal Employment Opportunity Commission. Retrieved on September 8, 2005 from http://www.eeoc.gov/charge/overview_charge_filing.html

'United States Courts of Appeals." (2002). U.S. Courts. Retrieved on September 8, 2005 from http://www.uscourts.gov/courtsofappeals.html

'United States District Courts." (2002) U.S. Courts. Retrieved on September 8, 2005 from http://www.uscourts.gov/districtcourts.html

"United States Supreme Court." (2002). U.S. Courts. Retrieved on September 8, 2005 from http://www.uscourts.gov/supremecourt.html

There are certain other anti-discrimination laws that apply exclusively to Federal government employees; since John is an employee of a private sector organization such laws are beyond the scope of this paper

The statutory time limits are very important in the complaint process as failure to do so could jeopardize the legal rights of the complainant.

In our case, John. READ MORE

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