Filing a Discrimination Lawsuit John, Term Paper

Open, View, and/or
Download this Document

Total Length: 1147 words ( 4 double-spaced pages)

Total Sources: 1

Page 1 of 4

To do so, John needs to seek a Notice of Right-to-Sue from the EEOC. This document serves as proof that John filed a complaint with the EEOC, as required by the underlying statutes, and serves as his means of entry into the court system (See generally, EEOC, Filing a lawsuit, 2010).

Even though the laws governing employment discrimination are federal laws, John can file his lawsuit in state court or federal court, assuming that state or local laws also prohibit such discrimination. Frequently, at that stage, John's employer is going to seek removal of the case to the federal system, because federal judges are considered more likely to grant summary judgment in favor of employer-defendants than state-court judges are. Employers are able to receive removal because federal courts have jurisdiction over questions of federal law. Therefore, John's lawsuit might proceed in the federal or state court system.

If John's lawsuit proceeds in the state court system, the process will be relatively straightforward. Depending on John's location, the state courts may have different labels; but each of the states has three levels of courts. The first level is the trial court, and this is the court of origination. It is at the trial-court level where John will file his complaint. Prior to going to trial in the trial court, the parties will be subjected to different rules and regulations.

Stuck Writing Your "Filing a Discrimination Lawsuit John," Term Paper?

View All Our Example Filing a Discrimination Lawsuit John, Term Paper

Have A Custom Example Essay Written

For example, they will probably have to participate in discovery, which involves giving evidence in support of their claims to the other side, in order to prevent surprise at trial. In addition, many states have mandatory mediation, which, unlike the EEOC's mediation process, does require the parties to attend mediation, though they are not required to reach an agreement. Then, the parties go to trial and the judge renders a decision in favor of one of the parties. The party who has not prevailed has the right to appeal the decision to the state appellate courts, whose decision can be appealed to the state supreme court level. A party who is dissatisfied with the decision of the state supreme court can appeal directly to the U.S. Supreme Court, but the U.S. Supreme Court has discretion whether or not it will hear the appeal.

If John's lawsuit is started in or removed to the federal system, the process is slightly different. The lawsuit begins in one of the U.S. District Courts, which are the trial courts in the federal system. Unhappy parties can appeal to the U.S. Court of Appeals for the applicable district. Finally, appeals can go to the U.S. Supreme Court, which has discretion whether or not to hear the appeal......

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Filing A Discrimination Lawsuit John " (2010, May 19) Retrieved May 17, 2024, from
https://www.aceyourpaper.com/essays/filing-discrimination-lawsuit-john-3141

Latest MLA Format (8th edition)

Copy Reference
"Filing A Discrimination Lawsuit John " 19 May 2010. Web.17 May. 2024. <
https://www.aceyourpaper.com/essays/filing-discrimination-lawsuit-john-3141>

Latest Chicago Format (16th edition)

Copy Reference
"Filing A Discrimination Lawsuit John ", 19 May 2010, Accessed.17 May. 2024,
https://www.aceyourpaper.com/essays/filing-discrimination-lawsuit-john-3141
   

Open, View, and/or
Download this Document
order custom essay example