UOPX Discrimination Complaint Process Litigation Process Mediation Process and Dispute Resolution

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Business Finance

University of Phoenix

Description

Search the following key terms: discrimination complaint process, litigation process, mediation process, and dispute resolution.

John identifies as a Hispanic employee in a private sector organization. He is regularly called an "idiot" by his supervisor. The supervisor has hardly ever called non-Hispanic employees derogatory names. Finally, the supervisor starts calling John an inflammatory name that is known to be derogatory to Hispanics. John now finds his work environment intolerable though his supervisor has no intention to demote or fire John for any reason. John, however, wants to file a discrimination complaint against his employer. He went to his HR department first, but was dissatisfied with their lack of help.

Prepare a 700- to 1,050-word paper written in the third person voice in which you analyze and explain the discrimination complaint and civil litigation process as it would potentially apply to John and his employer.

  • What are the elements of a hostile work environment harassment claim?
  • Can John potentially satisfy the elements of a hostile work environment harassment claim?
  • Does his employer have any defense for the supervisor's conduct?

Identify whether John can make a prima facie case of hostile work environment by identifying the elements required to bring a cause of action for discrimination.

Explain how the complaint process begins with the Equal Employment Opportunity Commission (EEOC) and proceeds with a right-to-sue letter through the civil litigation process from the state level up to the U. S. Supreme Court.

Include a discussion on Title VII of the Civil Rights Act of 1964 and other relevant aspects addressing discrimination complaints and disputes in the workplace.

Format your paper consistent with APA guidelines, including using headings to appropriately signal topics to keep your document organized.

Use a minimum of three different in-text citation sources within your paper, and properly identify them in your References page. Any laws and legal cases used in the body of your paper must also be included in the References page.

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Explanation & Answer

Attached.

Discrimination Complaint Process – Outline
The employer and supervisor discriminate the employee, John, based on the grounds of racial
differences.
I.

Stages of Discrimination Complaint Process

i.

Pre-complaint Process

ii.

Investigation of the complaint discrimination

iii.

Litigation process

iv.

Hearing of the case

v.

Making of the Decision


Running head: DISCRIMINATION COMPLAINT PROCESS

Discrimination Complaint Process
Name
Institution

1

DISCRIMINATION COMPLAINT PROCESS

2

Discrimination Complaint Process
Any hostile working environment depicts a kind of deliberate harassment. In this regard,
it expresses unfriendly behaviour, which is defined on the grounds of race, nationality, sex, age,
religion, disability, information genetic, or color. However, harassment might be illegal when the
consistent unprofessional conduct condition becomes persistently applied. Furthermore, the
harrassmrnt becomes prohitable when the abusive behavior becomes uncomfortable to the extent
it portrays an environment that a sober person would take as insulting behaviors (Ueihling,
2013).
In this scenario, complaint from the discrimination process can be applicable in the case
of John when he files a complaint of discrimination for the unwelcome and unprofessional
conduct from his supervisor. According to the state policy of the United States, departments
should offer equal opportunity for employment to all citizens despite their sex, nationality, age,
color, disability, and color.
Notably, the right channel for the discrimination complaint procedure begins from EEOC
to the S/OCR. The latter has a responsibility to file the case for 15 days in writing to receive the
discrimination complaint to stay updated with the case EEO because it does not attend the
allegation. The litigation process is the third step that occurs in case of the failure of the
discrimination complaint process. Lastly, the case passes through the hearing stage, and the
judge makes the final decision.
Furthermore, as the first stage of the discrimination complaint process, John should
consider seeking a pre-complaint process as per the procedure. This will assist John to have any
informal redress from the counselor of EEO. The EEO must offer the response to the

DISCRIMINATION COMPLAINT PROCESS

3

discrimination process inquires which John may ask and elaborate to him the alternative that is
existing for obtaining solutions. In case the discrimination complaint process does not go
through, John would proceed to the litigation process...


Anonymous
This is great! Exactly what I wanted.

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