Employment litigation often begins in Detroit when an employee files a claim against their employer for discrimination, harassment, ageism or sexism. These claims have to be substantiated, of course, and filing a court claim can do that. Court claims of this nature place the burden of proof on the employee bringing the claim. The employee generally has to prove that the employer discriminated against the employee on some level. In addition, that proof would have to reach the legal burden that is required in these employment law cases.
The Equal Employment Opportunity Commission, EEOC, is a federal commission responsible for enforcing laws against workplace discrimination when a protected class is involved. To pursue an EEOC claim, there are a number of steps that need to be taken. The EEOC deals with claims where the employee is being discriminated against because of race, religion, sex, age, disability, pregnancy status and several other categories. Commencing a claim starts with the employee filing paperwork and then speaking with an EEOC officer so that the claim can be investigated. After the investigation, the officer will make a finding, either concluding that there was discrimination or that the alleged discrimination did not occur.
If a discrimination finding is made, then the officer will alert the employer and either make a demand for settlement or take the case to court where appropriate. If the EEOC decides not to pursue a court case, it may still be possible for the employee to move forward with a lawsuit in some instances. It is important to know that an employee cannot pursue a discrimination case against their employer in federal court prior to filing an EEOC claim.
EEOC claims are one way to battle discrimination in the workplace. The ensuing employment litigation may prove complex, though, and can be aided by the guidance of a Michigan employment law attorney.
Source: FindLaw, "Filing discrimination charges with the EEOC," accessed Jan. 2, 2015
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