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?(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.
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.
However, a covered entity may make pre-offer inquiries about an individual's ability to perform the essential functions of the position in question.
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 a charge does not satisfy threshold requirements, it should be dismissed.
Where satisfaction of a particular requirement is a close question, the charge should be taken and processed.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.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.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.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.