The EEOC Specialist presents both parties with the results of the investigation as well as presents both parties with resolution options. If an agreement is made, a favorable letter of recommendation is drafted. Most claims to the EEOC are resolved at this stage of the process. Those that are not resolved may result in a civil action filed in a Federal District Court by the EEOC. (eeoc. gov) To quote an example for better understanding, say Mark is an employee in a private sector organization. For unknown reasons, Mark has decided to file a discrimination complaint against his employer.
Based on the language that created the EEOC, Mark has all rights to file a claim. For the purpose of this paper I will outline each step Mark must take to successfully have his claim validated. Every executive government and judicial branch of government will also be identified and his or her roles will be explained. The very first step Mark will take is to contact the Equal Employment Opportunity Commission of a charge. The commission can be contacted either by mail or in person at the nearest EEOC office. The commission can accommodate those who may need sign language interpreter, or print material in alternate format.
Once Mark has contacted EEOC, Mark must provide the commission with his name, address, and telephone number. Mark must also provide the following information in as much detail as possible: ? The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known; ? A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and ? The date(s) of the alleged violation(s).
Mark must file his charge with the EEOC (except for Exact Pay Act later referred as EPA) before a private lawsuit may be filed in court. Mark must file his charge within 180 days from the date of the alleged violation to reserve his rights. Mark’s deadline of 180 days can be extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days. These time limits do not apply to claims under the EPA, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court.
However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated. To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected. This Act changed they way women and people of different ethnic backgrounds voted for public office, worked in major organizations, and how they proceeded with other major daily activities. This gave the people more rights when it came down to applying for jobs or voting in schools or different organizations.
This put everyone at the same level. No race, gender or ethnic power was higher ranking then the other. (Livingston, Donald R, 2005) Most companies after the Civil Rights Act of 1964 employed the idea of affirmative action. Affirmative action is legally driven by federal, state and provincial, and local laws, as well as numerous court cases. It requires written reports containing plans and statistical goals for specific groups of people in terms of such employment practices as hiring, promotions, and layoffs (Hunt, Osborn, Schermerhorn Jr. , 2003, pg. 62).
Equal Opportunity was mainly brought about due to men being the prime bread winners in the home. Once women started working, they believed they were being treated unfairly in the working environment. Women mainly held low paying jobs and never really worked in a position of authority. The research on working women in general tells us that there are very few differences between men and women that affect job performance. Thus, men and women show no consistent differences in their problem-solving abilities, analytical skills, competitive drive, motivation, learning ability, or sociability.
However, women are reported to be more conforming and to have lower expectations of success than men do. In addition, women’s absenteeism rates tend to be higher than those of men. This latter finding may change, however, as we see men starting to play a more active role in raising children; absenteeism is also likely to be less frequent as telecommuting, flexible working hours, and the like become more prevalent. In respect to pay, women’s earnings have risen slowly from 59 percent of men’s in 1979 to 76 percent most recently (Hunt, Osborn, Schermerhorn Jr. ,2003,pg. 63).