The Legal Process of Discrimination Claims

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In pursuing a charge through litigation, EEOC considers various factors, which include the type of legal issues raised, the seriousness of the alleged violation, the impact of the lawsuit in the combating of office discrimination. Where EEOC make an Order and John is not satisfied with it, he can file an appeal with the same institution no later than 30 days after receiving the Order citing the issues that need reconsideration. John also has an option of having the appeal decision reconsidered but once this is rendered, the decision is considered final.

In the case of litigation, John can appeal the decision of the Federal Court where the matter was heard to the Federal Court of Appeal. His employer also has the option to appeal the decision in the event the company feels that it was premised on an error of the law or facts. Finally, where either of the parties is of the opinion that the decision of the Federal Court of Appeal erred fundamentally in law, then a further appeal to the Supreme Court . The appeal of this nature is done via a petition for a writ of certiorari, which requests the Supreme Court to undertake a review of the Court of Appeal. The decision of the Supreme Court is final and cannot be appealed.

References

Eeoc.gov,. (2015). EEOC Home Page. Retrieved 15 September 2015, from http://www.eeoc.gov

Schlanger, M., & Kim, P. The Equal Employment Opportunity Commission and Structural Reform of the American Workplace. SSRN Electronic Journal. doi:10.2139/ssrn.2309514

United States Courts. (2015). United States Courts. Retrieved 15 September 2015, from http://www.uscourts.gov

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