For a more detailed discussion of compensation discrimination covered by the EPA, refer to 29 C. For detailed discussion of how to assess coverage, refer to the Commission's "Instructions to EEOC Field Offices on Analyzing ADA Charges After Supreme Court Decisions Addressing 'Disability' and 'Qualified'" (1999); "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C. An individual is protected against retaliation for participation in the charge process, however, regardless of the validity or reasonableness of the original allegation of discrimination.
An individual need not establish a violation of the underlying statute to be afforded protection from retaliation.
For further discussion of national origin discrimination, refer to the Commission's "Guidelines on Discrimination Because of National Origin," 29 C. It also ensures that the Commission will not have to determine what is or is not a religion, something which it would be inappropriate for the government to do. Title VII prohibits discrimination based on sex, including both sexual harassment, where the prohibited conduct is sexual in nature, Example 1 - CP alleges that her supervisor made frequent derogatory comments about women and referred to female employees as "girls." CP has alleged discrimination based on sex covered by Title VII. In most circumstances, the ADA only prohibits employment discrimination against a "qualified individual with a disability." Unlike Title VII and the ADEA, under which the charging party's status as a member of a protected group is seldom in doubt, coverage is frequently a significant issue in ADA cases.A covered entity is required to provide a reasonable accommodation unless it can show that doing so would impose an undue hardship. A covered entity is required to provide a reasonable accommodation unless it can show that doing so would impose an undue hardship.A covered entity will be able to establish undue hardship if it can show that the accommodation would require more than a For more guidance on religious accommodation, refer to 29 C. Undue hardship must be based on an individualized assessment of current circumstances that show that a specific reasonable accommodation would cause significant difficulty or expense. Title VII, the ADEA, and the ADA prohibit discriminatory employment referral practices by any covered entity, including employers, employment agencies, and unions.The EEO statutes prohibit discrimination in labor organization practices, including referrals.In addition, a labor organization is prohibited from refusing to bring a grievance because of an individual's protected status, Thus, if two individuals are sexually harassed while participating in the respondent's training program but only one of them is the respondent's employee, they can both file a Title VII charge against the respondent.Religious discrimination also includes discrimination against someone because s/he is an atheist. Example 2 - CP alleges that her supervisor refused to promote her because she refused to engage in sexual relations with him. The ADEA prohibits age discrimination against individuals 40 years of age or older. In such cases, it is necessary to determine whether the individual has a disability Some investigation may be required before it can be determined whether an individual is a qualified individual with a disability.For further discussion of religious discrimination, refer to the Commission's "Guidelines on Discrimination Because of Religion," 29 C. CP has alleged discrimination based on sex covered by Title VII. If a charge alleges compensation discrimination based on sex, the investigator should treat it as alleging a violation under both Title VII and the EPA, subject to statutory requirements such as timeliness. For a more detailed discussion of age discrimination, refer to 29 C. When the investigator is uncertain about whether an individual is covered, the charge should be taken and the issue investigated. Part 1630; and Section 902: An individual is protected from retaliation for opposition to discrimination as long as s/he had a reasonable and good faith belief that s/he was opposing an unlawful discriminatory practice, and the manner of opposition was reasonable.The ADA prohibits a covered entity from conducting a pre-offer medical examination or making pre-offer inquiries as to whether an applicant is an individual with a disability or as to the nature or severity of a disability.However, a covered entity may make pre-offer inquiries about an individual's ability to perform the essential functions of the position in question.Sometimes, however, an investigator will be unable to readily determine whether a particular threshold requirement has been met without additional investigation.If a charge does not satisfy threshold requirements, it should be dismissed.