Resources: EEOC website, U.S. Court System website, EEOC Complaint Process Grading Guide, and EEO 101: The Basic Theories of Employment Discrimination
Search the following key terms: discrimination complaint process, litigation process, mediation process, and dispute resolution.
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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?
Harassment is discrimination that takes place in a work environment and violates Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) of 1990 as well as the Age Discrimination in Employment Act (ADEA) of 1967 (“Harassment,” n.d.). Harassment is undesirable conduct based on color, religion, sex, race, nationality, disability, age, or hereditary data. It becomes illegal when 1) persevering…
Does his employer have any defense for the supervisor’s conduct?
From the EEOC’s perspective, John’s employer is “vicariously responsible” for his supervisor’s actions. The employer, through the HR department, chose to ignore John’s concern and did not either correct or prevent abusive and offensive behaviors. John, on the other hand, attempted to follow the proper protocols by contacting his xxx department was not forthcoming which did not satisfy…
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.