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The Equal Employment Opportunity Commission EEOC is a government agency which exists to protect us all from employment discrimination based on race color sex national origin religion retaliation age and disability Individuals who feel their employer has discriminated against them for any of these reasons have the right to file a complaint through the EEOC This paper will outline this complaint process and attempt to explain the civil litigation that may follow if the EEOC through arbitration and mediation cannot settle a complaint According to the EEOC website wwweeocgov 2003 the first step in processing a complaint through the EEOC is to contact an EEO counselor before even filing a complaint This contact needs to take place within forty-five days of the matter alleged to be discriminatory The counselor is responsible for providing counseling to the individual making the complaint on how the EEO process works The EEO counselor then has thirty days from the date the individual made contact with the Equal Employment Office to provide in writing to the individual his rights and responsibilities in the EEO complaint process After these requirements have been satisfied there is a formal complaint process According to the EEOC website wwweeocgov 2003 a complaint must be filed against the agency that allegedly discriminated against the individual within fifteen days of receipt of the Notice of Final Interview The web site also states The complaint must be a signed statement from the complainant or the complainants attorney and contain the complainants or representatives telephone number and address It must be sufficiently precise to identify the complainant and the agency and describe generally the action or practice which forms the basis of the complaint An agency may dismiss an entire complaint prior to requesting a hearing Here are a few of the reasons an agency may use Failure to state a claim or stating the same claim that has been decided by the Agency or the EEOC Failure to
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