The EEO statutes prohibit discrimination in labor organization practices, including referrals.
These prohibitions protect an individual regardless of whether s/he is a qualified individual with a disability.
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.
Advertisements also may not contain terms or phrases that would deter members of a particular class from applying.
For example, a help-wanted advertisement that uses terms such as "young," "college student," or "recent college graduate" may deter individuals 40 or over from applying, and therefore would violate the ADEA.
Thus, for example, the statute protects Whites, African-Americans, and Asians from race and color discrimination; men and women from sex discrimination; Iranians, Cubans, and Americans from national origin discrimination; and Christians, Jews, Muslims, and atheists from religious discrimination.
The following sections describe some specific kinds of charges that can be raised under the Title VII bases.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.(c) Meaningful Conditions of Limited Membership This Section discusses coverage, timeliness, and other threshold issues to be considered when a charge is first filed under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA), This Section does not address defenses that a respondent may raise to defeat a charge of discrimination that satisfies the threshold requirements, such as the bona fide occupational qualification defense or substantive defenses to benefits claims under the ADEA.Typically, it is fairly simple to determine whether threshold requirements are met.National origin discrimination includes discrimination based on place of origin or on the physical, cultural, or linguistic characteristics of a national origin group.