An analysis of the legal and civil litigation process for discrimination complaints.
Term Paper # 96091 |
1,094 words (
approx. 4.4 pages ) |
2 sources |
MLA | 2007
|
$ 22.95
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Abstract
This paper explains the discrimination complaint and civil litigation process. The paper furthermore details how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court. The paper details and discusses each level of complaint.
Table of Contents:
Abstract
The Discrimination Complaint
Progression of Employment Discrimination Complaints
The Civil Litigation Process
Conclusion
From the Paper
"The single most important U.S. legislation affecting employment law is Title VII of the Civil Rights Act of 1964 (Bennett-Alexander et al, 2003 p.1). The Equal Employment Opportunity Commission (EEOC) is the lead government agency for processing complaints associated with employment discrimination. This paper describes the process for filing a discrimination complaint and the civil litigation process."
"Under Title VII, an employer can not discriminate on the basis of religion, gender, race, color or national origin. Discrimination, as described in Title VII prohibits employers, labor and management committees and unions from discriminatory practices affecting the hiring, firing, discipline, training, classification, compensation and benefits of individuals."
Tags:EEOC, investigation, arbitration
A case study examination of the American civil litigation process, from beginning to end.
Case Study # 115244 |
3,217 words (
approx. 12.9 pages ) |
5 sources |
APA | 2007
|
$ 55.95
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Abstract
This paper outlines the American civil litigation process from filing a complaint to the ending trial process. It defines civil litigation and briefly examines its purpose and scope. The paper also discusses how to initiate the civil action process and how to continue with it. A case study that examines the process of civil litigation between two parties is then presented.
Table of Contents:
Purpose and Scope
Commencement of action
Service of Other Processes
Pleadings
Motions and Orders
Depositions and Discovery
Trial
Judge for Yourself Case Scenarios
Case 1, Part (a)
Case 1, Part (b)
Case 1, Part (c)
Case 2, Part (a)
Case 2, Part (b)
Case 3, Part (a)
Case 3, Part (b)
Case 3, Part (c)
Case 3, Part (d)
Case 4, Part (a)
Case 4, Part (b)
Case 4, Part (c)
Case 4, Part (d)
From the Paper
"Filing a complaint with the court initiates the civil action process. The summons is signed by the clerk and bears the seal of the court. It identifies the court where the process started as well as the defendant. It states the name and address of the plaintiff. It also states the time when the defendant must appear and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. Upon or after filing the complaint, the plaintiff may present the summons to the clerk for signature and seal. If the summons is in proper form, the clerk shall sign, seal, and issue it to the plaintiff for service on the defendant, and copies are issued for each defendant to be served. A summons is served with a copy of the complaint, and the plaintiff is responsible for service of a summons and complaint within 120 days or the court dismisses the complaint."
Tags:complaint file trial parties, civil action
A look at the filing of a discrimination claim with the Equal Employment Opportunity Commission (EEOC), as well as the civil litigation process involved.
Term Paper # 124534 |
750 words (
approx. 3 pages ) |
3 sources |
2008
|
$ 16.95
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Abstract
This paper examines a scenario in which an individual believes that he has been discriminated against in the workplace and follows the process from the initial filing of the complaint with the U.S. Equal Employment Opportunity Commission through the civil litigation process. This paper also examines the standards under which an individual can succeed in proving discrimination and the steps that the EEOC will take in investigating complaints made by employees or former employees about their employer's business practices.
From the Paper
"According to the official website of the U.S. Equal Employment Opportunity Commission (EEOC), anyone who believes that his or her rights have been violated by their employer may file a discrimination claim with the EEOC. In the scenario presented, when filing such a charge or complaint, John would be asked to complete an intake questionnaire that would be submitted to the nearest EEOC office. That questionnaire must include the employer's name and address, the complainant's name and address, a short description of the alleged discrimination..."
Tags:Employment law and, John discrimination, equal employment opportunity commission, complaint, civil litigation process, depositions, pretrial motions, Federal District Court, US Court of Appeals, Supreme Court, litigants, appellant, federal law
An analysis of an age discrimination complaint and the resulting civil litigation process.
Case Study # 115987 |
1,650 words (
approx. 6.6 pages ) |
4 sources |
APA | 2009
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$ 32.95
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Abstract
The paper evaluates a discrimination incident that occurred to John, a 50 year old employee who works for Clinica Sierra Vista as a behavioral health counselor. The paper analyzes the entire discrimination complaint and civil litigation process as it would potentially apply to John and his employer, beginning with the EEOC and proceeding through the civil litigation process. The paper illustrates how the filing and settling of discriminatory complaints is a time consuming and costly process, whether it is completed just through the EEOC, or all the way to civil litigation. The paper points out, however, that such a case serves as an example to organizations that age discrimination cannot be tolerated.
From the Paper
"In today's business world, organizations do their best to ensure that they are legally protected by establishing policies and procedures, ensuring that management and employees abide by them, and making sure that their human resources department assists the company in adhering to all applicable employment laws. However, no organization is perfect, and the occurrence of legal issues is more possible than it may seem. Over the years, there has been a rise in reported cases of discrimination, mostly due to awareness, education, and availability of resources and laws that allow an employee to make a claim. Age discrimination is one that has experienced a rise since the early 1990s. In the year 2000, 16,000 age discrimination lawsuits were filed with the Equal Employment Opportunity Commission (EEOC), which was an increase of 2,000 from the previous year and the highest number since 1995 (Crampton & Hodge, 2003)."
Tags:lawsuit, court, settlement, trial, compensation
This paper describes the process of taking a discrimination law suit through the EEOC.
Essay # 72313 |
904 words (
approx. 3.6 pages ) |
6 sources |
APA | 2004
|
$ 19.95
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Abstract
This paper describes the process of taking a discrimination law suit through the Equal Employment Opportunity Commission (E.E.O.C.), civil litigation at the state and federal levels and to the Supreme Court.
From the Paper
"A discrimination complaint should first be filed with the Equal Employment Opportunity Commission (E.E.O.C.) and the employer notified that a complaint has been filed. The E.E.O.C. may handle the complaint in several different ways. A charge may be assigned for priority investigation if it appears the law has been violated, the E.E.O.C. can settle the charge at any point if the employer and employee wish to do so, the E.E.O.C. may select the charge for their mediation program to handle, the E.E.O.C. may dismiss ..."
Tags:discrimination, litigation, civil
A summary of the book "A Civil Action" by Jonathan Harr.
Book Review # 25836 |
1,739 words (
approx. 7 pages ) |
3 sources |
MLA | 2002
|
$ 33.95
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Abstract
The book, "A Civil Action", written by Jonathan Harr, is a legal drama based on a true personal injury case in Massachusetts. The paper discusses Harr's accuracy of the events in the actual case. It shows that the case that Harr writes about was long and arduous for both sides; however, Harr did an excellent job of chronicling the complete process. This paper provides a summary of "A Civil Action" and discusses the cost of litigation in today's legal environment.
From the Paper
"Another method to reduce the cost of litigation is, as a plaintiff, to do much of the "grunt" work on your own: that is, find the documents and the witnesses needed, and prepare any necessary financial schedules or exhibits. With this combination of methods, one can make a significant reduction in litigation cost. We saw that in A Civil Action, the plaintiffs did not participate in any of the pretrial process. They could conceivable assist in finding the witnesses, or even provide the food for the attorneys, who would have charged for this.
Today we see many frivolous cases filled, perhaps based upon the limited resources of the defendant. If a defendant does not have the means to provide an adequate defense, or asses the possible cost of litigation and decides it would be advantageous to settle, then the plaintiff has won with little to no effort. These cases are growing in number and are becoming ever more ridiculous. One example of such a case is a woman who filled a complaint against a neighbor for having a basketball hoop too close to her fence. This case was settled for a few hundred dollars?the defendant was afraid that the cost of the litigation would far out weigh the few hundred-dollar settlement. This is a clear example of misuse of the system; however, it also illustrates an excessive litigation cost."
Tags:grisham, law, woburn
This paper describes the legal steps an employee can take against his employer.
Essay # 88379 |
900 words (
approx. 3.6 pages ) |
2 sources |
2006
|
$ 19.95
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Abstract
The paper examines the process which a person has to go through to file a discrimination complaint. The paper discusses the civil litigation process and the process that the Equal Employment opportunity Commission takes to file a complaint of behalf of a victim of employment discrimination. The paper includes as well as the alternatives to filing a lawsuit.
From the Paper
"John, a private sector employee, wants to file a discrimination complaint against his employer. There are certain steps which John should take to file this action. Furthermore, the legal process which the complaint must travel through before an outcome is reached is often complex. Throughout this paper, I will explain the filing of an employment discrimination complaint as well as the civil litigation process from the state to the US Supreme Court level. Numerous employment discrimination complaints are filed each year. In a 1995 article put out by the United States General Accounting Office it states that "in fiscal year 1994, the Equal Employment Opportunity Commission (EEOC) received over 90,000 discrimination complaints from employees, almost twice the number filed in 1981 and 10 times the number in 1966" (United States, 1995)."
Tags:employment, discrimination, private
Charts court cases from the local court to the U.S. Supreme Court.
Essay # 31868 |
900 words (
approx. 3.6 pages ) |
2 sources |
2002
|
$ 19.95
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Abstract
Investigating the transformation of a claims process is a crucial element of the legal system: Charting the process of a claim filed through the Equal Employment Opportunity Commission (EEOC) and its journey through the civil litigations proceedings helps to illustrate the various stages from the state level to the Supreme Court helps to clarify the nature of litigation and the criteria through which specific forms of litigation must be justified. This paper demonstrates the significance of this process through defining the stages through which a civil liberties claim must be processed in order to reach the Supreme Court.
A look at the process of filing a discrimination complaint against an employer.
Term Paper # 120585 |
1,000 words (
approx. 4 pages ) |
5 sources |
APA | 2008
|
$ 21.95
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Abstract
This paper addresses employment discrimination and the rights of employees. It explains the process of filing a discrimination complaint against an employer. It examines the EEOC discrimination complaints and civil litigation processes. The paper also explains how the complaint begins with the EEOC, and proceeds through the civil litigation process up to the United States Supreme Court.
From the Paper
"Title VII of the U.S. Civil Right Act forbids employers from discrimination against applicants or employees on the basis of various characteristics, including an individual's race, sex, religion, nationality, marital status, skin color and pregnancy status. According to Paul Schechter in his book, "California Labor Law Digest", in the United States when someone feels that they have been harmed or damaged by another person or by a company, the party claiming to have been harmed has the right to sue. The United States Congress has created..."
Tags:discrimination complaint, eeoc, federal district court, jury, discvery, trial verdict
A look at the claims process through the Equal Employment Opportunity Commission (EEOC).
Essay # 64896 |
1,100 words (
approx. 4.4 pages ) |
5 sources |
APA | 2004
|
$ 22.95
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Abstract
The EEOC was established by Title VII of the Civil Rights Act of 1964 and enforces federal statutes such as discrimination based on race, color, religion, sex or national origin. The civil litigation process starts at the state level and through a series of appeals, can move all the way to the Supreme Court level. This paper discusses the process and the steps that are followed to pursue a claim.
From the Paper
"The EEOC enforces statutes based on Age Discrimination, the Equal Pay Act, Americans with Disabilities Act, and established the Civil Rights Act of 1991; which provides monetary damages in cases of intentional discrimination. Any individual who believes he or she has been discriminated against in employment may file an administrative charge with the EEOC. After investigating the charge, the EEOC determines if there is "reasonable cause" to believe discrimination has occurred. If "reasonable cause" is found, the EEOC attempts to conciliate the charge by reaching a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the Commission may bring suit in federal court. As part of the administrative process, the EEOC may also issue a Right-to-Sue-Notice to the charging party, allowing the charging party to file an individual action in court without the Agency's involvement (EEOC)."
Tags:age, discrimination, eeoc, employment, law