
          Action Patterns: Third Party Complaints
          By 
            StaffStaff
          Vol. 1, No. 9, 1979, pp. 21
          
          When she and her friend made up their minds to challenge their
South Georgia employer's separate seniority lines, the first thing
they did was to ask their union shop steward for help. They were told
to go complain to the OEO in Savannah. But they were not fooled. They
filled a proper job discrimination complaint with the EEOC. That was
eight years ago, and it was only beginning.
          In the ensuing years they faced obstacle after obstacle; misadvice;
inaction by the EEOC; irresponsible action by unscrupulous attourneys;
a long search for a responsible attorney who was willing to accept a
job discrimination case; the astronomical cost of litigation;
resistance from others all the way.
          But hardest to take was the hostility and harrassment on the job,
from their employer, their coworkers, and their fellow union members
alinke. She took it for five years, then quit, unable to endure. Her
friend is still working for the same company. "It was unreal," said
the friend. "You can't afford to say anything that will give them an
excuse to fire you, so I just smiled and kept on going. For eight
years it was just like I was in a bad dream."
          This year, their litigation finally brought results: a financial
settlement and an end to the dual seniority lines. Such happy endings
may or may not result when Blacks and women exercize their lawful
right to seek redress of race and sex discrmination. But the obstacles
aren't uncommon, and the hostility and harassment the two women
faced on the job are inevitable, the side effects of entering a job
discrimination complaint. Knowing this,  many victims of
discrimination forego their rights under Title VII of the Civil Rights
Act and other equal employment opportunity laws.
          There is, however, a complaint mechanism that community
organizations can use to lessen the burden on job discrimination
victims: the "Third Party" complaint. By law, organizations, persons,
or agencies can file a complaint or take action "on behalf" of
individuals or classes who have suffered job discrimination because of
their race or sex. When Third Party Complaints are entered, the name
of the true victim of job discrimination need not be
revealed. Protection is thus provided for individuals who are
unwilling to come forward publicly because of a fear that a public
charge would result in the loss of their job, on-job harrassment, or
some other form of reprisal.
          Both Title VII of the Civil Rights Act and Executive Order 11246
permit race and sex discrimination complaints to be brought by Third
Parties. And when such a complaint has been filed but satisfactory
action by the federal enforcement agency is not forthcoming within a
reasonable time, Third Parties-- just as aggrieved parties-- may take
legal action. They may enter a civil suit against the employer,
employment agency, or union that is charged with illegal
discrimination.
          Third Party Complaints and court suits may be filed on behalf  of
individuals or they may be class actions. There is one exception: when
the federal government is the employer, neither Third Party Complaints
nor Third Party suits may be brought as class actions.
          When community organizations, agencies, or individuals enter such
surrogate complaiints, the procedures are almost identical to
procedures that must be followed by aggrieved parties. A complaint
must first be filed. If it is resolved by the enforcement agency in
the way that is unsatisfactory to the complaint, or left unresolved by
the enfocement agency durin a prescribed period of time, a court suit
can then be filed by the complaint.
          A community group, agency, or individual needs only the permission
of a victim of employment discrimination in order to file a Third
Party complaint. The name of the invdividual on whose behalf it has
been filed does not have to be invluded in the complaint; however, the
aggrieved person's name must be given, along with their address and
telephone number, to the enforcement agency. During its investigation
the enforcement agency will verifythat the named individual did in
fact request that a charge be filed on his or her behalf. It should be
clearly indicated that the complaint is a Third Party Complaint. If
confidentiality for the aggrieved party is desired, it should be
requested, in writing, in the complaint. A request for confidentiality
will be honored by the enforcement agency. From the time the complaint
has been filed until the time of its resolution, it is the
responsibility of the aggrieved party to keep this enforcement agency
aprised of his or her current address. A Third Party may not withdraw a
charge that has been filed with the EEOC; only the aggrieved party may
do so.
          Several private civil rights organizations inthe Southern region
routinely accepted and filed Third Party complaints during recent
years. The NAACP is a notable example. In addition, when financial
resources have permitted, that organization has brought Third Party
court actions if they were appropriate. The role of community
organizations in handling surrogate actions is important to the fight
for equal job opportunity for Blacks and women, for, as in the South
Georgia example above, the economic and psychological burden on
aggrieved individuals who challenge job discrimination is almost
unbearable. Activist organizations can make important contributions to
the fight against job discrimination by soliciting complaints and
bringing them to resolution, as Third Parties.
        