ESSAY: EEOC Complaint Process

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.

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?
Does his employer have any defense for the supervisor’s conduct?
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.

Format your paper consistent with APA guidelines, including using headings to appropriately signal topics to keep your document organized.
Use a minimum of three different in-text citation sources within your paper, and properly identify them in your References page. Any laws and legal cases used in the body of your paper must also be included in the References page.

ANSWER

Statement of the Facts

John is a Hispanic employee working for a private organization whose supervisor calls him an “idiot” regularly. The supervisor has rarely ever called John’s non-Hispanic colleagues derogatory names. In the end, the supervisor begins to call John an inflammatory name that is derogatory to the Hispanics. John cannot tolerate his work atmosphere any longer and his supervisor shows no intentions of either demoting or firing him for any reason. To that effect, John wants to file a discrimination complaint against his employer….

Components of a Hostile Workplace Atmosphere 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 the unpleasant demeanor becomes a precursor for sustained service; 2) the behaviour is adequately pervasive or severe to produce a work atmosphere that a rational individual would contemplate as hostile, threatening, or insulting (Ivancie, 2017). John has been experiencing an overpowering sense of abuse and intimidation. Therefore, a reasonable person can consider John’s work environment a hostile one. Being Hispanic, John is a protected class member, and his supervisor should not subject him to any form of abuse or harassment such as calling…