 _1.jpg?ssl=1)
Federal law and state law makes illegal employers discriminate against people based on specific characteristics. Title VII of the 1964 Civil Human Rights Act and laws like Americans with obstacles to employment law are examples of laws prohibiting employment discrimination.
The Federal discrimination law is enforced by agencies called the Equal Employment Opportunity Committee (EEOC). EEOC is in charge of discrimination against employment discrimination. Those who wish to raise a discrimination lawsuit against an employer in federal courts usually have to first file a complaint with the EEOC.
Basic information on employment discrimination
First, employees must be able to prove that employers have the intention to treat them separately for certain characteristics. For example, if the employer indicates similar unfair treatment of members of the protected group, its intent may be proved.
Employment discrimination claims usually require the following evidence:
• Employers believed that employers had some control over aspects of employment
• Employers identified employees as members of legally protected groups based on specific characteristics
• Employers used management to treat employees unfairly because they belong to a group
Employers can not discriminate based on the following characteristics or groups.
• Age
• Race
• Country of origin
• Religious or religious background
A failure
• Sexual orientation
• Pregnancy
General situation where employment discrimination may occur
Discrimination in the workplace often occurs with respect to the following matters.
• Recruitment policy
• Firing procedure
• Retirement / Health / Vacation and other types of benefits
•promotion
• Wage and compensation issues
• Job Advertisements and Job Seekers
In addition, employers are prohibited from harassing employees based on their characteristics. They can not withhold employees raising complaints, ie wages or retaliation to their employers.
Complaint to EEOC
If you believe that you are the victim of employment discrimination, the first method of relief will be submitted to the EEOC, which is often required before the lawsuit is brought. Formal complaints must be submitted within 180 days from suspicion of illegal behavior.
Below is a summary of the main steps of the EEOC application process.
• Informal complaints: Employees must contact the EEOC within 45 days of the incident. EEOC plans to provide a counselor to discuss details of claims with employees. They inform the victims of their rights and try to solve conflicts informally.
• Formal complaints: If the dispute is not resolved after 30 days, the employee must submit a formal complaint to the EEOC office. Formal complaints must be submitted within 180 days of occurrence.
• Survey: After analyzing formal complaints, EEOC will investigate discrimination claims. The survey includes review of documents, acquisition of witness testimony, and collection of other information related to the incident.
• Relief: If the EEOC determines that discrimination has occurred, suggest possible solutions and remedies for mitigating the situation. This includes changing company policy, returning wages, reemploying people.
If the solution does not occur or is not possible, the EEOC may propose that employees consider the following options.
• "Administrative hearing": This is similar to a trial, but it is done in front of administrative judges rather than traditional courts. The administrative judge may specify additional measures.
• Alternative Dispute Resolution (ADR): EEOC may suggest that companies and employees rely on third party mediators that can facilitate negotiations between the parties.
Civil lawsuits in state or federal courts
A person may file a lawsuit in a federal or state court only after the above remedies and procedures are deemed inappropriate.
In some cases, the EEOC may decide to provide a "litigation right" letter. This will be issued only if reconciliation is not available or if EEOC rejects the case. After obtaining the right to submit a letter, the employee will file a lawsuit against the employer within 90 days. Since EEOC is likely to be logged in the backlog for several types of incidents, the letters of "complaint" are generally issued.
Tips for submitting complaints
Submitting your claim is very important. The guidelines for submitting as efficiently as possible are shown below.
• Please file the incident as soon as possible. There are many deadlines so move things right away.
• Complaints to EEOC must be as clear and concrete as possible in order to reach information-based decisions and avoid delays in investigation.
• While remaining in your memory, create a statement that wrote the facts of the facts
• Include all related documents, witness information, and evidence to support your case. More information is better than less.
• Employers can not retaliate if you bring a lawsuit.
• Visit the EEOC's office or website and use the Employment Discrimination Act
wrap up
Submission of EEOC may be a complicated and laborious procedure. Consider hiring a lawyer to help prepare the necessary information. When preparing your claim,
• Employment discrimination is based on employers who are using management to unfairly handle employees because they belong to a protected group
• Discrimination may occur under various circumstances. Also check the treatment history of other employees and employee groups of the employer
• File as soon as possible
• Litigation is usually only available after filling in at EEOC
 _2.jpg?ssl=1)
EmoticonEmoticon