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A covered entity is also prohibited from requiring a medical examination or making a disability-related inquiry of an employee, unless the examination or inquiry is shown to be job-related and consistent with business necessity.These prohibitions protect an individual regardless of whether s/he is a qualified individual with a disability.Discrimination in training programs might also constitute discrimination in hiring if participation in the program is required prior to employment, or regularly leads to employment.Title VII, the ADEA, and the ADA prohibit discrimination based on race, color, national origin, sex, religion, age, or disability in advertisements and recruitment related to employment, referral for employment, or apprenticeships or other training.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.After it has extended a conditional offer, the entity may ask disability-related questions, or require a medical examination as long as it does so of all entering employees in the same job category, regardless of disability.If the questions or examination screens out the individual based on disability, the entity must show that the reason for doing so is job-related and consistent with business necessity.

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.

SUBJECT: EEOC COMPLIANCE MANUAL PURPOSE: This transmittal covers the issuance of Section 2 of the new Compliance Manual on "Threshold Issues." The section provides guidance and instructions for investigating and analyzing coverage, timeliness, and other threshold issues that are generally addressed when a charge is first filed with the EEOC.

EFFECTIVE DATE: Upon receipt DISTRIBUTION: EEOC Compliance Manual holders OBSOLETE DATA: This section of the new Compliance Manual supersedes the following: Section 605: (a) Bona Fide Executive (b) High Policymaker (a) Integrated Enterprises (b) Joint Employers (a) Generally (b) Embassies (a) Definition of "Club" (b) Is the Club Private?

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.

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