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Employee Complaints
Abstract
Help with essay on Title VII-Employee Complaint
Based upon the Civil Rights Act of 164 (Title VII), you may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) if you feel you have been negatively discriminated against by your employer because of your gender, religion, age, disability, or race. There are timeframes in which you may file this claim.
We will serve as managers of ZYX Corporations Human Resource Department, which has received a complaint from an employee regarding, what he feels is a discriminatory based test, which is keeping qualified African American applicants, such as himself, from being promoted into the managerial level. Also addressed in this complaint are equal rights for males and females of the company regarding dress code, as well as personal grooming choices.
This paper will discuss, based upon this scenario, possible outcomes of these complaints, as well as the process for filing a claim with the EEOC, for both employer and employee.
Introduction
We have received a formal complaint from John Doe, one of this company's employees. "In this compliant, Mr. Doe claims that the company test he was recently given, to determine if an employee is qualified for promotion into management, is discriminatory." He claims it has a negative impact on African Americans. In addition, Mr. Doe feels it is discriminatory that while women are allowed to wear earrings, males are not, as well as the how the company code addresses the length of men's hair, but does not give equal assessment to the length of women's hair.
We will address this complaint by going over company policy, as well as addressing this situation with the company's legal staff, as, if the outcome of our decision is not favorable to Mr. John Doe, he may then seek to file a claim with the EEOC, under the claim of either Disparative Impact, Disparative Treatment, or Intentional Discrimination Against a Class. Under any one of these grounds, he may file a claim under Title VII.
Questions/Body
If an employee feels that he/she is a victim of discrimination where they work, they have the right to file a claim with the EEOC. Filing a claim is free for the employee. However, they do have to go to the local EEOC office and file a claim. The local office has an obligation to investigate the claim filed regardless of what it is. For government employees, a claim must be filed within 0 days of the alleged act of discrimination. For private sector employees, a claim must be filed within 180 days. This is to keep the incident fresh in the minds of potential witnesses and also to help make sure that those witnesses are still in the area.
Some states have their own enforcement offices of EEOC regulations. If this is the case and the state has contracted through the EEOC, it is known as a 706 agency. Claims that are made to the EEOC will be deferred to the 706 agency. Should the 706 agency not be able t get an agreement between the employer and the employee, the EEOC does an investigation. The EEOC has to notify the employer with-in 10 days that a claim has been filed against them. Potential interviewees will be made available for the purpose of the investigation. Investigators will interview personnel, review records, and attempt to find reasonable cause for the complaint.
The EEOC (or 706 agency) will set up a mediation process for the employee and employer in an attempt to settle the complaint prior to a full-scale investigation. This mediation process was started in February 1. It is voluntary for both parties and if they agree to mediation, it must be completed within 60 days if it takes place in-house, or 45 days if it takes place outside the workspace.
When both sides agree to the findings from the mediation process, then the claim ends. If one side or the other doesn't agree with the findings, then the process goes back to the EEOC for further investigation. After the investigation, if the EEOC finds that there isn't a cause (called no cause), then the employee is notified by the EEOC via a 'right to sue' letter. If the EEOC finds that there is reasonable cause, then they notify the employer of possible remedies to the claim. The employer then chooses to either accept the remedies or challenge the findings through an appeal process.
The employee will have to prove that he/she was discriminated against under the federal laws that fall under the realm of EEOC regulations.
Upon review of the management entrance examination with our legal staff, we uphold the validity of the exam. We, the company, do not feel it is discriminatory against African Americans. Reviewing the ratio of African American employees in the entry-level positions against the ratio of African American employees in the management level, there is reasonable consistency to back up the exams validity. There is currently a case of race discrimination,
similar to this complaint, which is awaiting appeal in the Supreme Court. Adams vs. City of Chicago, 4CV 577, which involves the 14 sergeants promotional test prepared for the Chicago Police Department. The plaintiffs were African-American and Hispanic Chicago
police officers who contend that the test has a disparate impact and is unlawful employment practice. They contend that proportionally fewer minorities were offered promotions, constitution discrimination. Again, our numbers show that the ratio is equal between the number of minority entry-level employees vs. minority management.
The second part of Mr. John Doe's complaint, which addresses the dress/grooming code, has also been upheld as valid by our legal staff. When Mr. Doe signed the contract to become a Full Time Employee with the company, he agreed to abide by our policies, which included the policy regarding earrings for men and hair length. Being a continually growing and prospering company, this is something that can be looked at in the future, to maintain if this is an outdated policy that may need reviewing. For now, however, we stand by the policy to which Mr. Doe was aware of before he accepted his position with the company.
Conclusion/Summary
The specific process for filing a claim with the EEOC is spelled out very clearly. An employee can file a claim without cost to them, which is very good because not all employees can afford assistance in dealing with such claims. Both the employee and the employer have choices along the way once a claim has been filed. They may take the claim to a full-blown investigation and then have the EEOC hand down their opinion. They also have the choice to go to mediation before the full-blown investigation. The ZYX Company had a claim filed with the EEOC against them by an employee John Doe. Mr. Doe's complaint stated that ZYX was unfair and discriminated against him because he was African American and a man.Company officials along with the company's legal representative looked into the claims brought forth by Mr. Doe. The company found that it believes the company is in the right. There are a proportionate number of African Americans in entry-level positions that resonates with the number in a management level. It was also found that Mr. Doe signed and did not complain about the dress code/hygiene policy when he signed on as a full time employee. ZYX has done an internal investigation and stands behind the decisions they have made in the past.
References
Dessler, G. (000). Human Resource Management (Eight Editions). [University of Phoenix
Special Edition Series]. Upper Saddle River, NJ Prentice Hall, Inc.
Ethan A. Winning, Frequently Asked Questions about Employee Relations
Copyright 16-00, (retrieved from World Wide Web on April 1, 00)
http//www.ewin.com/articles/faq.htm
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