Legal Process
...be issued a letter called a “Dismissal and Notice of Rights” which allows the employee 90 days to file a lawsuit on his own behalf. If however the EEOC determines there is sufficient evidence to establish discrimination, both parties will be issued a “Letter of Determination”. Both parties will be invited to work together with the agency in resolving the charge. Voluntary methods of resolution include mediation, settlement, and conciliaton. Facts about Mediation: The process starts before an investigation begins, most mediations are done in one session lasting one to five hours. The average processing time is 84 days. Mediation is confidential, informal, avoids lenghty litigation, and is binding. Mediators are neutral third parties who have no affiliation with the employer or employee. Settlement: Charges of discrimination can be settled at anytime in the investigation, the EEOC will work with both parties to reach a satisfactory settlement. This process can be advantageous because it can save both parties time and money, it is informal, and there is no admission of liability. Once a settlement has been reached the charge is dismissed. Conciliation: The EEOC is required by statute to attempt to resolve charges through “informal methods of conference, conciliation, and persuasion.”(U.S.C.2000e-5). During conciliation the investigator will work with both parties to develop a plan to remedy the discrimination. In conciliation meetings, offers and counter-offers can be presented. As with mediation and settlement, the process is informal, and it avoids potentially lenghty and costly attorney’s fees and court costs. If voluntary methods of resolution are unsuccessful the EEOC has the option of bringing suit in federal court or closing the case, informing the charging party of 90 days to file suit. Civil Litigation The process for civil litigation varies from state to state but generally speaking, if John decided to pursue civil litigation the steps would probably be: Discovery: Each side must turnover relevant evidence to the other side Pre-trial motions: Lawyers for the employer and employee attempt to influence evidence that will be allowed in the trial. The judge has sole discretion in ruling on Pre-trial motions. Jury Selection: The judge and attorneys question potential jurors attempting to find a potential bias or conflict of interest. Trial: John’s attorney presents evidence to the jury, proving his claim of discrimination. The attorney for the employer refutes or mitigates the evidence presented. Both attorneys have opportunities to present and object to various infractions of trial procedure. Additionally both attorneys give opening and closing statements that explain the merits of their cases respectively. Verdict: The jury decides whether John (the plaintiff) experienced discrimination. If the jury agrees with him the jury must also decide on the appropriate relief or remedy for the discrimination. Typical remedies would include back pay, reinstatement, reasonable accomodation or other steps that would make John whole. Additionally, attorney’s fees and court costs could be considered. If the verdict is not in John’s favor he then has the option o...