Tuesday, November 6, 2012

The Equal Employment Opportunity Commission; No Discrimination

The EEOC is firmly committed to resultant complaints by using alternative methods to resolve issues (EEOC, 2002). intermediation is a form of Alternative Dispute Resolution (ADR) offered by the EEOC as an alternative to their traditional investigation change (Facts, 2004). It is an informal process during which a neutral third party tries to get the twain parties to settle their differences and reach a resolution to the discrimination charge. Mediation allows the two parties to discuss their differences, clear up any misunderstandings, and precipitate to a mutual harbourment on how to settle the affair with step to the fore going to court.

The mediator does not offer a resolution to the problem, but merely assists in getting the two parties to blab out and explore issues and come to an agreement (Facts, 2004). The discussion is kept strictly confidential between the two parties and the mediator. Both parties must agree to mediation, and either can have an attorney present if they wish, though it is not necessary. If mediation is not successful, the EEOC will proceed with an investigation.

If the EEOC does not find discrimination, or finds discrimination but decides not to sue, and atonement and mediation atomic number 18 not successful, then the employee has to file a gracious suit against the employer, which is done in a united States district court (U.S. Courts, 2004).
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A civil suit begins by filing a compl


The civil litigation process. (2004). Retrieved December 5, 2004 from:

http://case.aaas.org/handbook/experts/civillitprocess.html

Civil cases are usually tried by juries (The Civil, 2004). Shortly before the trial, thither is a final pretrial conference to lay out a game plan for the trial. On the first solar day of the trial, jury selection begins. by and by a jury is seated, the attorneys confine their opening demesnements, each side presents their case, the plaintiff first, then the defendant. After closing arguments, the judge will give the jury their operating instructions and they will retire to determine a verdict. In state courts, a three-quarters agreement in the jury is usually demand for a verdict (in federal court, the verdict must be unanimous).

http://nyed.uscourts.gov/General_Information/Court_Forms/


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