Employment Discrimination and Harassment Claim Guide

By: Claysphere Rivera
Submitted: 2008-07-06 00:12:12
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In today’s setting, discrimination and harassment in workplaces are prevalent.  As can be collected from the records coming from the courts and various administrative agencies tasked to enforce compliance with the employment laws, there appeared huge number of cases being filed.  The sad thing, cases of similar causes are continuously growing.

Just a brief history, since the Civil Rights Movement of the 1960s, the federal and various states in America have enacted several laws dealing with the aspect of employment discrimination and harassment.  These laws are intended to bar an employer from discriminating against employees based on their personality, age, sex and other characteristics having the same import.

Similarly, the constitutive law covering employment discrimination cases consider sexual harassment as a form of sex discrimination.  However, in later years, specific law was enacted by several states exclusively covering sexual harassment.  This was made to give definite boundaries and structure of this delicate area.

On this score, this article will relate the all-time guide relating to the legal travails of claims for employment discrimination and sexual harassment as well as the laws and legal help.

Laws implementing Employment Discrimination and Harassment

Under the federal law, there are several laws that relate to these concerns.  Specifically, we have Title VII of the Civil Rights Act of 1964 (the major law), the Equal pay Act of 1963, the Age Discrimination in Employment Act of 1967, Title I and Title V of the Americans With Disabilities Act of 1990, Sections 501 and 505 of the Rehabilitation Act of 1973 and the Civil Rights Act of 1991.

Title VII of the Civil Rights Act of 1964 is the major law that deals with all kinds of discrimination including sexual harassment.

Fighting Discrimination and Harassment in workplaces

To have a good grasp of the matter, a separate consideration of the two terms is necessary.  Thus, the following is a clear illumination and guidance.

A. Discrimination enforcement

First thing, it is paramount for an employee to recognize the discriminatory acts committed against him or her.

In seeking to enforce your rights, you have two options to choose from.  You can have your claim coursed through the Equal Employment Opportunity Commission (EEOC) or you can file civil suits independently on your own.

If you opt for less costly medium, you can start by filing a formal charge with the appropriate administrative agency, which is the EEOC.  The charge should have pertinent facts involving the discrimination that will, in a way, trigger the EEOC to investigate.

If your claim is found persuasive, the commission will develop the complaint in your behalf.  The complaint will be sent to the employer to have them answer.  Later on, the parties will be called for a no-fault conference.  After the conference, if the EEOC found the claim valid, you will be given the right to sue stated in a letter advising you to file the necessary lawsuit in federal court within 90 days.

If you opt to file your claim independently with the federal courts or if your case cannot be settled or found to have no valid cause as determined by the EEOC, you can file a respective civil lawsuit directly in a federal court.  You can hire an employment lawyer to represent you in this respect.

All these are the possible avenues for employment discrimination enforcement.

B. Sexual Harassment Enforcement

Extra-judicially, the victim of sexual harassment can confront the harasser by asking him or her to stop.  If not effective, the victim can write a letter to the aggressor demanding to put an end to the offensive behavior.  If still not successful, take it to the company.

In this stage, the victim can follow company procedures in filing sexual harassment complaint.  If it is not viable, take the claim to the administrative level, that is, to the federal agency that enforces Title VII, the EEOC or to your state fair employment office.  This step is necessary before going directly with the judicial court level.  Otherwise, if you file directly your case with the courts, the same can be dismissed as premature and of having failed to exhaust available administrative remedies.

After all the necessary steps are taken, you can have your action brought to court.

In all of these travails, you will need the help of an employment attorney for a successful claim.  The lawyer will give you the best lights in your predicaments and will help you until the end of your legal battles.  Indeed, they are your ultimate guide.

Article source: Expert Articles