Wednesday, November 27, 2019
Litigation, mediation, dispute, process from state to supreme court essays
Litigation, mediation, dispute, process from state to supreme court essays Pursuing a claim through the Equal Employment Opportunity Commission ("EEOC") begins with the logical requirement of having the complainant actually file the charge in a given case. This charge can filed in person, by phone, or by mail at a local EEOC office, or by calling a toll-free national line if there is no local EEOC office. The charge, if it pertains to a claim based on Title VII of the Civil Rights Act, The Americans with Disabilities Act ("ADA"), or the Age Discrimination in Employment Act ("ADEA"), must be filed within 180 days of the offense that has given rise to the complainant's charge ("Filing a Claim"). After the claim is filed, the EEOC will investigate and evaluate the degree to which the claim does or does not seem justified. If the claim seems reasonable and is allowed to continue with the EEOC's support than a variety of options are possible. One possibility is that the claim itself may never proceed to trial, but would instead end up in some form of Alternative Dispute Resolution ("ADR"), such as mediation. In this case, the EEOC requires that both parties agree to a mediation proceeding, in which a qualified third-party would sit-in to hear the claim in question and decide on a reasonable settlement for the parties. Mediation is often advantageous, because it avoids long legal battles and related expensive legal fees. Businesses often like mediation as well, because the payout of a settlement in mediation does not actually qualify as an admission of guilt in relation to any laws and the amount of the settlement is not a If ADR is not pursued and the EEOC does handle the claim, then the matter would not typically be handled in local courts. I suppose it is possible that some states' Superior Court might be able to hear such claims, if there are local and state laws regarding Employment Discrimination that are applicable. In such cases, it mi ...
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