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.
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.
National origin discrimination includes discrimination based on place of origin or on the physical, cultural, or linguistic characteristics of a national origin group.
Sometimes, national origin discrimination overlaps with race discrimination, and in such cases, the basis of discrimination can be categorized as both race and national origin. The Commission defines "religion" to include moral or ethical beliefs as to right and wrong that are sincerely held with the strength of traditional religious views.
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.
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.
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.
Where satisfaction of a particular requirement is a close question, the charge should be taken and processed.