Sunday, January 13, 2013

EEOC Discrimination Charge Handling Process

As a marketing manager, you have recently turned down Nancy Conrad for a position as sales supervisor. Nancy believes the denial was due to her gender, and she has filed a sex discrimination charge with the EEOC. Explain the steps the EEOC will use to  process the charge; include Nancy's options during the process.

After having filed a complaint, the EEOC would begin investigations of the company. During the investigation the EEOC may ask the company to submit a statement of position, allowing the organization to defend itself and to state what they believe happened. The EEOC of course would also ask the harassed for their statement, as to try to find out what truly happened. From there the EEOC may conduct an on site visit  allowing them to expedite the fact finding process. They may also ask the organization to provide contact information for witness interviews. There the EEOC would conduct interviews with management personal and non management level employees, questioning them for any possible facts that may assist in the case.

After the investigation the EEOC would most likely do one of three actions, depending on the results gained from the investigation. The EEOC may determine that there was no reasonable cause the justify a claim of discrimination having occurred and would issue a Dismissal and Notice of rights that would inform Ms. Conrad that she had the right to file a lawsuit in federal court within 90 days from the date of the receipt of the letter. If the EEOC had determined that there was reasonable cause to believe discrimination has occurred  then both the organization and Ms. Conrad would receive a letter of determination that invites both parties to join the agency in finding a way to resolve the charges. The final option would involve the EEOC enforcing the violation of its statutes by filing a lawsuit in federal court.