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Specifically, the charge must allege a basis and an issue covered by the EEO statutes.
A charge must allege that an individual was subjected to employment discrimination based on his/her membership in one or more of the following protected categories: individual on the basis of his/her race, color, national origin, religion, or sex.
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.
For example, discrimination against a Native American may be race and/or national origin discrimination. This broad coverage ensures that individuals are protected against religious discrimination regardless of how widespread their particular religious beliefs or practices are.
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.
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.
The following sections describe some specific kinds of charges that can be raised under the Title VII bases.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.Where satisfaction of a particular requirement is a close question, the charge should be taken and processed.While the principles discussed in this Section apply in most jurisdictions, a few may be inconsistent with the law in a particular jurisdiction.
The investigator should consult with the legal unit if applicable case law differs from the Commission's position on a particular issue.