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For detailed guidance on the determination of whether an individual has engaged in protected activity, refer to Section 8: The investigator must determine whether a charge alleges discrimination pertaining to an issue covered by the EEO statutes.The range of issues covered by the EEO laws is very broad, and covers any matter related to an individual's employment.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.

The following sections describe some specific kinds of charges that can be raised under the Title VII bases.

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.

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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