Legal Process for Discrimination Complaints in Charlotte, NC
It is Wise to Hire a Discrimination Attorney
Recently, employee discrimination cases have been on the rise within both small and large businesses in Charlotte, NC. Many people feel overwhelmed, and don't know how to file a discrimination complaint against their employer. The Equal Employment Opportunity Commission (EEOC) was initially established to enforce Title VII of The Civil Rights Act of 1964 and prevent employee discrimination (Bennett-Alexander & Hartman, 2007). The process for filing a discrimination suit in Charlotte, NC is similar to other places, and typically starts with the EEOC, though finding a Charlotte, NC Discrimination Attorney early in the process is helpful. The EEOC “prohibits discrimination in hiring, firing, training, promotion, discipline, or other workplace decisions on the basis of an employee or applicant’s race, color, gender, national origin, or religion” (Bennett-Alexander & Hartman, 2007). Once an individual decides to file a discrimination complaint in Charlotte, NC, the tedious and lengthy process begins for both the employee and employer. We will use a sample person, John, to help you understand this process. John is an employee in a private sector organization, has decided to file a discrimination complaint in Charlotte, NC against his employer. In order to ensure John and his employer take the required action, the complaint and civil litigation processes will be followed by each.
File a Discrimination Complaint with the EEOC
The first step John must take is to file a complaint with the EEOC “within 180 days from the alleged violation” (Equal Employment Opportunity Commission [EEOC], 2007). Moreover, the two benefits to filing the complaint are, one, it will be documented, and two, it will then be the responsibility of the EEOC to resolve. A critical role for employers is “ensure that their policies and procedures are legal, fair, and consistently applied” (Bennett-Alexander & Hartman, 2007, 81/2). If your employer has not done that, you should contact the EEOC or have an Attorney in Charlotte, NC to help you with this process. From my understanding, many attorneys will agree to take a portion of your earnings instead of an up-front fee if you have a strong case. After John files a complaint with the EEOC because of discrimination in the Charlotte, NC workplace, the employer is issued a notification.
Once the private sector employer is notified of the complaint, the employer should review the policies and procedures to make sure they are legal, fair, and consistently applied. One of the disadvantages the employer faces is, if the employee files with a 706 agency; instead of 180 days to file the complaint, the employee has 300 days. The 706 agency is “a state agency that handles EEOC claims on the basis of a work-sharing agreement with the EEOC” (Bennett-Alexander & Hartman, 2007, 82/2). The duty of the EEOC is to notify the employer of the complaint within 10 days; however, the employer does have a right to try to prove that they consistently apply policies to all employees.
Attempt to Resolve the Discrimination complaint with Mediation
Typically, mediation is the first attempted resolution method by the employer and EEOC. In fact, “private sector employment discrimination claims are referred back to participating employers for mediation by the employer’s own mediation program to see if they can be resolved without going any further” (Bennett-Alexander & Hartman, 2007, 83/2). The first step is to determine if the discrimination complaint against a business in Charlotte, NC is acceptable for mediation and to find out if both parties are willing to mediate. Once both parties have agreed to mediate, if the form is returned within10 days, the business and employee have 60-days to mediate internally. If the discrimination complaint is being mediated by an external party, the mediation process may last up to 45 day. The goal in mediation is to avoid court costs and potential defamation of the employee or employer. If successful, the settlement agreement is legally binding and the details of the mediation are restricted from being discussed by any participant (Bennett-Alexander & Hartman, 82/2). Even if your first option is to mediate your discrimination complaint in Charlotte, NC, you may find that you have more success when you have an attorney with you during the negotiation process
The EEOC usually attempts to verify Discrimination Charges with an Investigator
In a case that involves a violation of Title VII, an attempt to resolve the matter with an EEO Investigator will be made. If both parties fail to reach an agreement, the EEOC can “file a civil action in federal district court” (Bennett-Alexander & Hartman, 85/2). If the decision is not favorable to the employee, it can take the case to the Court of Appeals as well as the U.S. Supreme Court in some extreme cases. The Supreme Court has the opportunity to make the final ruling on the case (if it decides to accept the case, though it is EXTREMELY RARE that a case will ever make it that far). One recommendation for the employer is to enact a “mandatory arbitration agreement that an employee signs requiring any workplace disputes be arbitrated rather than litigated” (Bennett-Alexander & Hartman, 85/2). If the employee is successful, “compensatory and punitive damages also may be available where intentional discrimination is found” (Equal Employment Opportunity Commission [EEOC], 2007).
Judgment on Discrimination Case for Charlotte NC
Although the responsibility to handle each complaint filed falls upon the EEOC, not every complaint is legitimate, and it is the responsibility of the EEOC to determine which workplace discrimination claims are valid, and which are not. Therefore “a charge may be dismissed at any point if, in the agency’s best judgment, further investigation will not establish a violation of the law” (EEOC, 2007). The process complaint and civil litigation processes are time-consuming and require effort from both parties to complete. Even though there are many rules and regulations for the civil litigation and discrimination complaint processes in North Carolina, it is imperative that each one be followed in order for a fair judgment or settlement to be determined.
References
Bennett-Alexander, D., & Hartman, L. (2007). Employment law for business (5th ed.). New York: McGraw-Hill/Irwin.
Equal Employment Opportunity Commission (2003, August 13). EEOC's Charge processing procedures. Retrieved July 9, 2008, from http://www.eeoc.gov/charge/overview_charge_processing.html
Equal Employment Opportunity Commission (2007, December 20). Filing a charge of employment discrimination. Retrieved July 9, 2008, from http://www.eeoc.gov/charge/overview_charge_filing.html
