Filing a Discrimination Complaint with the EEOC and in Federal Court

Mediation avoids lengthy investigations and practically ends a dispute in half the time as an investigation; however, if mediation is unsuccessful or undesired in resolving the dispute, the investigation will continue until EEOC reaches a determination (EEOC, 2005). Following the investigation, if the EEOC finds a violation, they will attempt to reach a voluntary settlement with the employer on can's behalf. If a settlement can non be reached, the case will be referred to the legal staff, or in some cases, the Department of Justice, who will decide whether or not EEOC will file a lawsuit. If EEOC decides not to file, then pot will be issued a "Right-to-Sue" notice, which permits him to proceed with file a lawsuit in federal salute (EEOC, 2005).

John must file his lawsuit within 90 days, unless he is filing under the Equal Pay Act, in which case he does not exigency a "Right-to-Sue" notice, but must tranquil file within two years of the day the inconsistency took place; three years if the difference was willful. Finally, if the suit is an board discrimination suit, then John also does not need a "Right-to-Sue" notice -- he may go now to federal court -- provided he does so anytime after 60 days of filing his initial charge and no subsequent than 90 days after EEOC concludes their investigation (EEOC, 2005).

If either John or his employer is unhappy with the finding of fact in district court, either party has the right to good luck charm his case to a higher court -- the U.S. administration of Appeals. If John files an appeal, he is required to prove that the district court do a legal error that affected the decision in the case. The appellate court uses the case record established by the district court to render its decision, but does not touch additional evidence or hear witnesses.

Typically, panels of three adjudicate working together make up an appeals bench. Though both sides are required to reach written briefs presenting the facts of their case, many appeals are also granted the opportunity to offer viva voce arguments to the judges as well. When granted, oral arguments are typically gyp in duration -- perhaps just fifteen legal proceeding for each side. Once the federal appeals court issues its decision, this is usually the belong word. If, however, either John or his employer is unsatisfied with the decision by the appellate court, either party may next submit a "writ of certiorari," which is a document asking the independent Court to review the case (USCourts.gov, "The Appeals Process").

Infousa.org. (n.d.) Supreme Court Decisions. Retrieved May 3, 2005 from http://usinfo.org/usia/usinfo.state.gov/usa/

rights cases, such as discrimination lawsuits, are usually filed in federal court. The federal court system is divided into three different parts: the U.S. partition Courts, the U.S. Court of Appeals, and the U.S. Supreme Co
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