...Legal Process Paper Kristen Cohen MGT/434 – Employment Law » Due June 22, 2015 Brian La Hargoue Legal Process Paper As John is an employee in the private sector, if he wanted to file a discrimination complaint against his employer, there would be specific procedures that he would need to take to complete this process of filing a complaint, the civil litigation process and the steps that would need to be taken to file this complaint. In this situation, John would have to begin the civil litigation process by contacting the Equal Employment Opportunity Commission (EEOC). This is a commission that helps employers and employees proceed with their complaints when they filed and issued. John will have to file an administrative complaint with either the Federal EEOC or a State agency that the EEOC works with in prosecuting charges of discrimination. It is stated by the EEOC that any individual that feels that their employment rights have been violated can file a charge of discrimination (EEOC, 2006). A discrimination complaint can be filed if the person believes they have been discriminated against race, gender, color, religion, or national origin. The complaint would be in regards to hiring, firing, training, discipline, compensation, benefits or other terms and conditions of employment (EEOC, 2006). Once the official complaint has been filed the EEOC will first notify the employer who the complaint has been made against and they will be served with papers...
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...Legal Process Paper John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. This paper is to explain the process of how John can file a complaint with the US Equal Employment Opportunity Commission (EEOC), where he should goes and contact, what he needs to do and file, and possible solutions to resolve the problem with his employer. In addition, it explains how the employee can file a complaint through the civil litigation process from the state level up to the U. S. Supreme Court. How the complaint begins with EEOC Let is start defining, what is the US Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency created to enforced the law and make illegal to discriminate a person for a job based in the person’s color, race, religion, sex, age, disability, among others (US Equal Employment Opportunity Commission, 2013). If an employee has been discriminated in the job for any of the reasons mention above; he or she can fill a complaint against the employer. According to EEOC (2013), the first step to do is: to contact the EEOC by e-mail, phone, or a local office and file a complaint of job discrimination. In this case, John fills the complaint, and the EEOC will notify his employer within 10 days. There is another option to resolved the problem (employee vs. employer) presented by EEOC called mediation. According with the EEOC, the mediation occurs before the EEOC investigate...
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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...
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...Legal Process MGT/434 Introduction When we look at the many legal processes that cover employment law, we will discover that the law has many parts that would be dependent upon the type of specialty, area, employment, and classifications 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, 2012). John is an employee in a private sector organization; He wants to file a discrimination complaint against his employer. In this paper, we will become familiar with the basic system utilized in filing a discrimination complaint against an employer. The system or process for filing complaints regarding discrimination is similar with variations based upon the type of discrimination. Discussion The primary source for filing complaints is the EEOC (Equal Employment Opportunity Commission). The EEOC was enacted by Congress in 1972 and 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, 2012). This paper will review the steps that should be taken by an employee...
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...Legal Process Paper The federal agency that serves as the body to protect employees from employment discrimination based on race, sex, national origin, religion, age, or disability is the Equal Employment Opportunity Commission (EEOC). Discrimination is the process that treats an individual differently based on preconceived ideas (Duhaime, n.d.). An employee who thinks he has been the subject of discrimination has the right to file a complaint with the EEOC. In this paper, there will be an analysis of an employment discrimination complaint and civil litigation process from the initial EEOC filing and if necessary, through the state, and federal court systems. The paper will also include a discussion of other relevant aspects to address discrimination complaints and workplace disputes. Overview of the EEOC Process John is an employee in a private sector organization, and he thinks he has been subject to discrimination. He wants to file a discrimination complaint. The first step in the process is the requirement to file a Charge of Discrimination. This is done by contacting any EEOC office (EEOC, 2009). The deadline for the employee to file the charge is 180 days after the occurrence of the discrimination. Although the deadline can be a total of 300 days, if the occurrence of the discrimination took place where state or local anti-discrimination laws exist (EEOC, 2009). The state and local agencies responsible for enforcement of the anti-discrimination laws are the Fair Employment...
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...LEGAL PROCESS Shanees Gay MGT/434 October 12, 2015 University of Phoenix LEGAL PROCESS PAPER Introduction Discrimination in the workplace comes in many forms. Workplace discrimination happens when a member of a protected class is treated differently than their peers. An act of discrimination may occur in relation to refusal to hire, termination, denial of training, etc. This may happen simply because of the employee’s race, gender, nationality, religion, ace, disability, and even familial status (a pregnancy). Employees are protected under the Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC). Complaint Process John must begin the civil litigation process beginning with the Equal Employment Opportunity Commission (EEOC). The agency have put laws in place that governs the employers and employee procedures when a complaint is issued. The Equal Employment Opportunity Commission is the leading agency for handling issues of job discrimination and deals with most matters of employment discrimination under federal laws. (Bennett-Alexander, 2004, Retrieved October 12, 2015). The first step John should take is to decide whether or not he wants to take action (this is always the hardest step for an employee). Most of the time, workplace discrimination goes un-noticed and even un-mentioned. Once John has made the decision to take action by reporting the issue, he must file an official complaint with the EEOC. Once the...
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...Legal Process Paper All over America many Americans have been the victims of some form of discrimination. Even innocent children have fallen victim as students to bias teachers who prefer one personality to another. Still, an even more detrimental form of discrimination can be found hidden in the U.S. workplace. Discrimination in the workplace, or Employment discrimination, can “include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment” (Cornell, 2009). Though unfortunate, there are only some types of discrimination that are currently punishable through the U.S. legal system. “Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers” (Cornell, 2009). John is an employee in the private sector, which means he has protection from discrimination for any of these reasons. Usually, discrimination laws protect minority populations or groups traditionally affected by discrimination in the past. For example, if John is a white male he will not likely be able to file with the EEOC for racial discrimination. On the other hand, if he is Native American or African American, he will find protection under Title VII of the Civil Rights Act of 1964. In the same way, if John is over the age of 40 “the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age” (Cornell, 2009)...
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...Abstract LPO (Legal Process Outsourcing) is currently one of the fastest growing industry as it provide low-cost and time saving services. This study aims to know about LPO, specifically its origin, the services it provide, its quality and satisfaction, its impact in the legal industry and its status nowadays. The theories related to the topic like Transaction Cost Theory and Value Chain Analysis are discussed in theoretical framework. In addition, this research uses descriptive type of design as a method. Finally, conclusions are formed based on the data collected from the instruments used relevant to the topic such as PDF’s, books, and articles from the internet. CHAPTER I Introduction Legal industry operates in a global market place, and both clients and firms are seeking to understand how global outsourcing can add to their business. Lawyers have always outsource work to other lawyers with specialist knowledge. Firms are using their offices in other jurisdictions to do their legal work and offering that services to other firms. (The Law Society, 2011). In the Philippines, Legal Process Outsourcing (LPO) is one of the fastest growing sector in Business Process Outsourcing (BPO) industry. Many LPO’s have out growth due to increasing demand for legal outsourcing and off shoring abroad. Various U.S law firms chooses Philippines because of its highly educated lawyers who are experts in their fields, high English proficiency, similar with the US legal systems, lower labour...
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...Legal Process Paper University of Phoenix Shannon Stracener MGT/434 10/27/14 Jennifer Schneider Legal Process Paper John is an employee in a private sector organization and wants to file a discrimination complaint against his employer. Although the U. S. Equal Employment Opportunity Commission (EEOC) enforces Federal Laws that protect employees and applicants from employment discrimination in the work place, which includes bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment, only some types of discrimination are currently punishable through the U. S. legal system. Though anyone can file a discrimination complaint with the EEOC, John must show that he has been discriminated against because of his race, religion, national origin, disability, or age in order to receive a right-to-sue letter. Filing a Charge of Discrimination As an employee in the private sector, if John isn’t sure whether or not his employer is covered, he should contact one of the EEOC field offices as soon as possible and they can make that decision. Even if John’s employer is not covered by the laws that the EEOC enforces, his employer may still be covered by a state or local agency that enforces that law. The EEOC can refer John to the appropriate state or local agency that enforces anti-discrimination laws. “Through its administrative enforcement process, the Commission receives, investigates, and resolves charges of employment...
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...Legal Process Paper University of Phoenix Employment Law/MGT 434 Anne Peters November 04, 2008 Legal Process Paper In this paper, employees will learn the basic process, to file a discrimination complaint against an employer. The process to file a complaint base on any type of discrimination is very similar; however, in this case the discrimination is Racism. John Flores, is a 40 year old male, with African American, and Hispanic parents. He works for the private sector, and has been at his job for 10 years. John has never had a problem at work, everyone treats him with respect, and he has been employee of the year several times. John is the only African-Hispanic in the company. Up to 3 months ago, John thought he had the best job. What happened?, John’s company merge; there was some lay offs; and John’s supervisor took early retirement. Harold Smith, became John new supervisor, and John from day one introduced himself, and put himself at the supervisors disposition, offering shake Mr. Smith’s hand; however Mr. Smith refused to shake John’s hand because according to Mr. Smith he had is hands dirty. John did not think anything of it at the time. This continued to happen, every time John offer to say hi, Mr. Smith continued to dismiss John; however, John thought that maybe Mr. Smith had a medical condition that he did not now about, and decided to not push it any longer; however, he continued to see ...
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...The Legal Environment & The Hiring Process La Toya Wright ENM 356 March 1, 2014 Dr. J. F. Ford From a human resources perspective, the hiring process is very important. There are so many factors to be taken into account when deciding how to hire someone for an opening in a company. Recruiting is a necessary party of any company's expansion efforts. But, there are a number of legal considerations in the recruiting process. Job postings, interview questions, checking references, and making hiring decisions / job offers all need to be done in a manner that decreases risk to the business. In fact, it is possible to ask unlawful or even discriminatory questions without realizing it. For example, employers are forbidden from discriminating on the basis of race, ethnicity, religion, marital or family status, physical or mental disability, gender, age, and possibly sexual orientation. The main thrust of all employment discrimination laws is to make it illegal for employers to treat employees or applicants adversely on the basis of something about themselves that they cannot change, or should not be expected to change. Such factors are called "immutable characteristics". For example, one cannot change one's race or color, gender, age, or national origin, cannot readily change one's disability status, and should not be expected to change one's religion, as a condition of getting or keeping a job. There are quite a few laws set in place to protect people in the hiring process:...
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...The Legal Process Alea Bates BUS/434 October 18, 2010 Robert Lewandowski The Legal Process An epidemic began hundreds of years ago, and unfortunately is still prevalent today. This epidemic is discrimination, and it is alive and well in all aspects of our lives. Discrimination comes in different forms and types. When most people think of discrimination, think of race discrimination; however, discrimination comes in many different forms such as age, gender, sexual, sex, religious, pregnancy, disability, and retaliation discrimination. Some form of discrimination happens every day, and not every employee has the proper information to file a claim against an employer or company after they feel they have been discriminated against. This paper will attempt to give resources and information about different types of discrimination and avenues available to John who wants to file suit against his employer due to some sort of discrimination. There are local, states, and federal laws hold employers responsible under the law for violating the law. Employers are not allowed to discriminate against an employee under the Title VII of the Civil Rights Act of 1964. Discrimination goes outside of just current employees to the firing, promotion, and discipline of employees. John feels that he has been discriminated against. There are many different types of discrimination; the claim could be from a wide variety of areas. If John feels that he has been discriminated...
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...Legal, Safety, and Regulatory Requirements Joshua A. Barron HCS/341 November 11, 2011 Lee Hoffman Legal, Safety, and Regulatory Requirements: Introduction and The Human Resource Process The Oxford English Dictionary defines Humane as being characterized by sympathy with and consideration for others; feeling or showing compassion towards humans or animals; benevolent, kind (2011). The safety, legal, and regulatory influence on the human resource department differs by organization and different types of employees. HRM is the most important department an organization can possess because the department involves employing, developing, utilizing, managing and understanding the staff in an organization. According to Gomez-Mejia, Balkin, and Cardy (2010) legal concerns can play an important role in staffing, particularly in selection. Many legal constraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990 affects the HRM process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the HRM process. Safety Requirements According to the Bureau of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Organizations that succeed...
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...Legal, safety and regulatory requirements on HR process Name Course Instructor Institution Date Safety, legal and regulatory matters have an enormous effect on the human resource because common sense and compassion in the workplace has been replaced by litigations. In the society today, litigation seems to be an increasing greatly and administrators try to create human resource processes that avoid any possible litigation on them and their organizations (Dimond, 2010). I completely agree with the statement “common sense and compassion in the work place has been replaced with litigation.” The number of employee who are attempting to sue or are suing an organization has increased, the reasons why employees are doing this is out of revenge and not for valid reasons. When the economy begins to spiral downwards, there is always a significant increase in litigations in the workplace. The United States is continually making aware of the reduction in the occupations available. Most people have been left unemployed due to the current recession. There is a number of employees who have been laid off from their recent jobs that they expected to have retained. Finding a job security can be hard and most employees fear their financial security. Employees who fail to land another job often choose to sue their recent employer. With an increase in the number of employees who are attempting or suing the organization that they previously worked for, administrators are adjusting the ways...
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...The Legal System and ADR Analysis LAW 531 October 1, 2013 The Legal System and ADR Analysis There are various phases of the legal system that a business dispute must undergo before the dispute, or complaint, is resolved. These stages are commonly referred to as pretrial litigations, in which parties typically prefer to settle disputes within these pretrial stages to avoid costly legal fees. “The use of the court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expenses” (Cheeseman, 2013, p. 52). Methods of nonjudicial dispute resolution, commonly referred to as alternative dispute resolution (ADR), are normally used to allow disputes to be resolved outside the court judicial system. The forms of ADR are negotiation, mediation, mini-trial, fact-finding, using a judicial referee, and arbitration, which is the most common method (Cheeseman, 2013). These forms of ADR can be applied to many different business disputes, in which some forms are more suitable to some cases than others. In regard to the case of City of Elsa v. Gonzalez, the legal process will be evaluated, the most appropriate ADR method to use will be recommended, and the differences cost benefits between traditional litigation and pursing ADR will be discussed. The Legal Process As stated above, there are various phases of the legal process that business disputes go through before a settlement has been reached. The first step of...
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