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Legal Process

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The Legal Process
Elise Smith
University of Detroit
November 21, 2010

Introduction The legal process involving employment law has various branches depending on the type of employment, area, specialty, and class of employer and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2011). The U.S. Equal Employment Opportunity Commission, which was given enforcement authority by Congress in 1972, “is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (EEOC, 2011). This paper will cover the process of an employee who goes by the name of John and works for a private sector organization, feels that he has been discriminated against by his employer and wishes to file a discrimination complaint against the employer he works for. This paper will also analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer through the first steps of the U.S. Equal Employment Opportunity Commission up to the United States Supreme Court Level.

Body The E.E.O.C. (Equal Employment Opportunity Commission) of the United States of America has the authority to investigate charges of discrimination against employers who must have a minimum of 15 employees to be covered by the law. Unfortunately,” people who are not employed by the employer, such as independent contractors, are not covered

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