When Discrimination Happens to You

The Civil Rights Act of 1964, also known as Title VII, provides protection for employees from being fired for discriminatory reasons. Title VII was originally instituted in 1964 and then later revised again in 1991. The Act protects against discrimination against race, color, gender, national origin, or religion (Bennett-Alexander-Hartman, pge 85). The act prohibits discrimination in pay, terms of employment, how benefits are allocated and is applied to employers, unions, joint labor and management committees as well as anyone employing over 15 people. A person who feels they have been discriminated against in the workplace may file a complaint with the Equal Employment Opportunity Commission (EEOC).

Any non-federal employee may file a complaint with the EEOC, federal employees may also file, however, they have slightly different procedures. As a general rule all complaints must be filed within 180 days of the incident. In some cases an extension, up to 300 days, can be granted if the act is in violation of a state and or local anti-discrimination law. A claimant must file with the EEOC before being able to pursue a private lawsuit. Complaints can be filed by mail or in person at the local EEOC office.

Once a complaint has been filed the EEOC first notifies the employer. Claimants do not need to fear retaliation from employers by filing a complaint, as Title VII also includes anti-retaliation provisions (Bennett-Alexander-Hartman, pge 89). After the notification, the EEOC then reviews the charge to see if it is a good case for mediation. Mediation is a voluntary agreement between both the claimant and the respondent to attempt to settle the case without further pursing the charges or filing a suit. If mediation is an option then the it must be done within 60 days for an in house mediation or 45 days for external mediation (Bennett-Alexander-Hartman pge 90 ). If mediation is not an option then the EEOC moves on to its next step.

Investigation begins into the charge of discrimination after mediation has been attempted and has failed. The EEOC may do a number of things to investigate including interviewing the employer, employee, any possible witness's, and request documentation that either party may have on file. After all the evidence is gathered the EEOC reviews it to determine whether or not the complaint is valid. If there is not enough evidence the charges are dropped and both parties are notified. The employee now has the right to sue the employer if they so wish and must do so within 90 days of the EEOC's decision. However, if it is determined that a discriminatory act did occur then the EEOC will again sit down with both parties to attempt to reach an agreement. Most often this part of the process is the final step. If no agreement is reached then a suit may be filed by the EEOC on behalf of the claimant. At this point the process begins anew, as the lawyers will gather evidence to present to the federal district court.

Title VII is a landmark act for the United States, it shows the growth of the employer-employee relationship as well as the cognizant determination that everyone must be treated fairly regardless of race, religion, sex, or national origin. Filing a complaint with the EEOC if discrimination has occurred demonstrates that such actions are not tolerated in society and will help to lessen such acts in the future in the workplace.

Filing a Charge of Employment Discrimination (2003, August 13) The U.S. Equal Employment Opportunity Commission. Retrieved January 22, 2005 from
http://www.eeoc.gov/charge/overview_charge_filing.html

EEOC's Charge Processing Procedure (2003, August 13) The U.S. Equal Employment Opportunity Commission. Retrieved January 22, 2005 from
http://www.eeoc.gov/charge/overview_charge_filing.html

Bennet-Alexander-Hartman, (2003) Title VII of the Civil Rights Act of 1964 [University of Phoenix Custom Edition e-text]. The McGraw Hill Companies. Retrieved January 20, 2005 from University of Phoenix, Resource, Employment Law at https://ecampus.phoenix.edu/secure/resource/resourse.asp