AbstractAfter filing an Equal workout Opportunity Commission (EEOC) disease and seeing the complaint through to arbitrement and then being sent a ?Right to Sue? earn, the next pervert is to file a complaint with the woo of jurisdiction. Dependant on what discrimination constabulary the Right to Sue letter is use for stop depend on what court the complaint will be filed. State or Federal Court systems be two separate and distinct institutions and have different rules of law.
examine Differences in State and Federal Court SystemsBeginning an Equal Employment Opportunity Commission (EEOC) complaint is the only formal speak that essential be satisfied prior to any verbalize or federal civil litigation involving discrimination by an employee against an employer. Black?s Law Dictionary defines ?Litigation? as a ?contest in a court of law for the purpose of enforcing a right or seeking a remedy? (Roth, 2005). When a dispute arises between legal entities and the parties cannot resolving the matter, the Judicial System is the branch of government that all of us have established to resolve the dispute (Roth, 2005). Normally, when one caller believes that a wrong has been perpetrated against them, the civil courts are used for justice. In an EEOC case, the very first and only initial complaint must be to the EEOC itself.
No court, state of federal will endure a civil lawsuit involving discrimination without an EEOC investigation and if warranted, an feat to enter into arbitration with the two parties. After a failed arbitration attempt, if the EEOC believes according to their investigation that the plaintiff was the subject of discrimination, a ?Right-to-Sue? letter is granted within thirty days. At this point, a strategic decision will be required by the complainant in which jurisdiction to file the civil lawsuit. Federal court as a first venue is very...
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