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(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.

Typically, it is fairly simple to determine whether threshold requirements are met.

The EEO statutes prohibit discrimination in labor organization practices, including referrals.

In addition, a labor organization is prohibited from refusing to bring a grievance because of an individual's protected status, Thus, if two individuals are sexually harassed while participating in the respondent's training program but only one of them is the respondent's employee, they can both file a Title VII charge against the respondent.

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.

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.

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.

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.

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.

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