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Guidance (by Subject Area)

COVERAGE

New Compliance Manual Section 2 - Threshold Issues (issued 5/12/00)

Discusses requirements that a charging party must satisfy before the substantive claim of discrimination can be considered. Topics include protected individuals, covered entities, standing, timeliness, and preclusion.

In August 2009, the EEOC issued a revision of the "Threshold Issues" Compliance Manual section to address the time limitations for filing charges alleging compensation discrimination pursuant to the Lilly Ledbetter Fair Pay Act of 2009. The time limitations for filing compensation discrimination charges is addressed in the new subsection § 2-IV C.4, "Compensation Discrimination."

In July, 2005, EEOC issued a revision of the subsection of the "Threshold Issues" Compliance Manual section concerning time limitations for filing charges, which was originally issued in 2000. The revision conforms the Manual's discussion of the continuing violation doctrine to the Supreme Court's decision in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002). This revision replaces § 2-IV.C, "When Did the Alleged Violation Take Place?" The new section § 2-IV.C is captioned: "When Can a Discriminatory Act Be Challenged?"

Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms (12/3/97)

Explains that staffing firms and their clients both are obligated not to discriminate against temporary or other contingent workers with regard to their hiring, firing, or other terms, conditions, or privileges of employment.

Enforcement Guidance: Application of the ADA to Contingent Workers Placed by Temporary Agencies and Other Staffing Firms (12/27/00)

Supplements the above guidance by explaining that certain requirements of Title I of the ADA apply to staffing firms and their clients. The guidance focuses on the obligation to provide reasonable accommodation; rules concerning disability related questions and medical examinations; and qualification standards, employment tests, and other selection criteria.

Questions and Answers: On Application of the ADA to Contingent Workers Placed by Temporary Agencies and Other Staffing Firms

Enforcement Guidance: Whether "Testers" Can File Charges and Litigate Claims of Employment Discrimination (05-22-96)

Explains that persons who apply for employment for the purpose of testing discriminatory hiring practices, but who do not intend to accept such employment, may challenge any discrimination to which they were subjected while conducting the tests.

Enforcement Guidance on Application of Title VII and the Americans with Disabilities Act to Conduct Overseas and to Foreign Employers Discriminating in the United States (10/20/93)

Addresses the circumstances in which American or American-controlled employers can be liable for discriminating overseas and in which foreign-controlled employers can be liable for discriminating within the United States. It discusses the standards for evaluating when an employer is controlled by an American entity and for evaluating when the "foreign laws" defense is satisfied. With regard to foreign employers who discriminate within the United States, the guidance explores the extent to which treaty protections can limit the applicability of Title VII and/or the ADA.

Policy Guidance on the use of the national security exception contained in § 703(g) of Title VII of the Civil Rights Act of 1964, as amended (5/1/89)

Discusses what an employer must establish to show that a position is subject to national security requirements.

Policy Statement on Indian Preference Under Title VII (5/16/88)

Sets forth the meaning and scope of the Indian preference provision in Title VII, which permits businesses on or near a Native American reservation to prefer to hire Native Americans.

CHARGE ANALYSIS

Enforcement Guidance on O'Connor v. Consolidated Coin Caterers Corp. (9/18/96)

Analysis of the Supreme Court's decision holding that to establish a prima facie case of age discriminatory discharge, it is not necessary that plaintiff's replacement be outside the protected age group, i.e., under the age of forty.

Enforcement Guidance on After-acquired Evidence and McKennon v. Nashville Banner Publishing Co. (12/14/95)

Discusses the effect of after-acquired evidence on the analysis of a discrimination claim, including the availability of remedies. This issue arises where the investigation includes evidence of a nondiscriminatory reason for a challenged employment decision, but the employer did not acquire the evidence until after the challenged employment decision was made.

Enforcement Guidance on Recent Developments in Disparate Treatment Theory ( 7/14/92), as amended, January 16, 2009

Discusses the analysis of disparate treatment claims based on either circumstantial or direct evidence of discrimination, and limitations on remedies in cases involving mixed-motives. [note: updated materials - two new pages were added to the end of the guidance]

HARASSMENT

Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (6/19/99)

Updates 1990 Guidance as it pertains to employer liability for harassment by supervisors and makes clear that the same principles apply to only to sexual harassment but also to unlawful harassment on any of bases protected under the federal employment discrimination statutes. Discusses application of Supreme Court cases in Burlington Indus. Inc. v. Ellerth and Faragher v. City of Boca Raton.

Enforcement Guidance on Harris v. Forklift System., Inc. (3/08/94)

Explains that, under Harris, a plaintiff need not suffer psychological harm to make out a claim of unlawful harassment.

Policy Guidance on Current Issues of Sexual Harassment (03/19/90)

Defines when sexual conduct is unlawful harassment. For current information on employer liability, refer to Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors

Policy Guidance on Employer Liability under Title VII for Sexual Favoritism (1/12/90)

Discusses potential employer liability when an employment opportunity or benefit denied to one employee and given to a supervisor's paramour or to an employee who submits to sexual advances or requests.

COMPENSATION AND BENEFITS

New Compliance Manual Section 10-Compensation Discrimination (12/5/00)

Explains the standards governing compensation discrimination under Title VII, the ADEA, the ADA, and the Equal Pay Act. Describes how to determine whether differences in employee compensation are discriminatory on the basis of race, color, sex, national origin, religion, age or disability.

Questions and Answers: On Compensation Discrimination

New Compliance Manual Section 3- Employee Benefits (10/3/0)

Explains the application of the ADEA, the ADA, and Title VII and the EPA to employee benefits. Topics include life and health insurance, long-term and short-term disability, pension and other retirement benefits, severance pay, and early retirement incentives. Describes the circumstances in which employers are allowed to provide lower benefits to older than to younger employees and addresses some of the situations in which employers may make disability-based distinctions in their insurance benefits.

Rescission of Section IV (B) of ADEA section of EEOC Compliance Manual Chapter on "Employee Benefits" regarding the Age Discrimination in Employment Act (ADEA) and health insurance, and a related Example regarding retiree health benefits found in Section II (B) of the ADEA section of the same Compliance Manual Chapter

TITLE VII - RACE AND COLOR

New Compliance Manual Section 15 - Race and Color Discrimination (4/19/06)

Discusses issues related to evaluating allegations of race/color discrimination, including recognizing unconscious bias; providing equal access to jobs through nondiscriminatory recruitment, hiring, and promotion; harassment and retaliation.

Questions and Answers: On Race and Color Discrimination

Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (issued April, 2012)

Provides a detailed discussion of the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964, as amended; consolidates and supersedes the Commission's 1987 and 1990 policy statements on this issue, as well as the short discussion in Section VI.B.2 of the Commission's 2006 Race and Color Discrimination Compliance Manual Section.

Questions and Answers About the EEOC's Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII 

TITLE VII - RELIGION

New Compliance Manual Section 12 - Religious Discrimination (7/22/2008)

This compliance manual section is a comprehensive and updated examination of the issues related to Title VII's prohibition against religious discrimination, which includes numerous examples.

Questions and Answers: Religious Discrimination in the Workplace

Best Practices for Eradicating Religious Discrimination in the Workplace

TITLE VII - SEX / PREGNANCY

Enforcement Guidance: Pregnancy Discrimination And Related Issues (7/14/14)

Questions and Answers about the EEOC's Enforcement Guidance on Pregnancy Discrimination and Related Issues

Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities (5/23/07)

Explains how to determine whether discrimination against persons with caregiving responsibilities constitutes unlawful disparate treatment under federal EEO law.

Questions and Answers about EEOC's Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities

Employer Best Practices for Workers with Caregiving Responsibilities

Enforcement Guidance on Sex Discrimination in the Compensation of Sports Coaches in Educational Institutions (10/29/97)

Explains the application of the EPA and Title VII to the issue of sex discrimination in the compensation of sports coaches in educational institutions.

Policy Guidance on Veterans´ Preference Under Title VII (8/10/90)

Explains that veteran's preference programs adversely affect the employment opportunities of women; that Title VII exempts legislatively enacted Veterans Preference programs from Title VII challenge, but that employer-created preference programs are not statutorily protected and are presumptively unlawful.

Facts About the Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964

Explains the relationship between the requirements for employers under the FMLA and the ADA to grant medical leave, and under the FMLA and Title VII to grant leave for pregnancy and related conditions. For further information about the FMLA, see the Department of Labor site at: http://www.dol.gov/esa/whd/fmla/ Also see: http://www.usdoj.gov/crt/osc/index.html.

TITLE VII - NATIONAL ORIGIN

New compliance Manual Section 13 - National Origin Discrimination (11/22/02)

Discusses the changes in demographics that have heightened the significance of Title VII´s prohibition of National Origin discrimination, for example, customer preference, security requirements, accent discrimination, English fluency and English-only requirements, and harassment. The section supersedes Sections 622 and 623 of Volume II of the Compliance Manual.

Questions and Answers: On National Origin Discrimination

Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (issued April, 2012)

Provides a detailed discussion of the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964, as amended; consolidates and supersedes the Commission's 1987 and 1990 policy statements on this issue, as well as the short discussion in Section VI.B.2 of the Commission's 2006 Race and Color Discrimination Compliance Manual Section.

Questions and Answers About the EEOC's Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII

ADA

Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities (5/23/07)

Explains how to determine whether discrimination against persons with caregiving responsibilities constitutes unlawful disparate treatment under federal EEO law.

Questions and Answers about EEOC's Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities

Employer Best Practices for Workers with Caregiving Responsibilities

Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans With Disabilities Act (10/17/02)

Discusses a wide range of issues concerning an employer's obligation to provide reasonable accommodations for qualified individuals with disabilities, including requests for reasonable accommodation and the interactive process, different types of accommodations for applicants and employees, and undue hardship. Also includes a resource directory. This document replaces an enforcement guidance with the same name dated 3/1/99.

Policy Guidance On Executive Order 13164: Establishing Procedures To Facilitate The Provision Of Reasonable Accommodation (10/20/00)

This policy guidance explains the requirements of Executive Order 13164, which requires federal agencies to establish effective written procedures for processing requests for reasonable accommodation.

Enforcement Guidance on Disability Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (July 26, 2000)

Explains when it is permissible for employers to make disability-related inquiries and require medical examinations of employees.

Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act

Instructions for Field Offices Analyzing ADA Charges After Supreme Court Decisions Addressing "Disability" and "Qualified" (07/26/99)

Discusses the Supreme Court's rulings in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, and Albertsons Inc. v. Kirkingburg, and provides analysis for determining whether individuals who use mitigating measures are covered under the ADA. Also discusses the Supreme Court's decision in Cleveland v. Policy Management Systems Corp, addressing when a person who applies for Social Security Disability Insurance (SSDI) benefits may still be considered "qualified" under the ADA.

EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities (3/25/97)

Addresses how the ADA's definition of disability, standards on disclosing disabilities and assessing direct threat, and requirements to provide reasonable accommodation are applied in the context of psychiatric disabilities. It also addresses conduct and direct threat issues.

EEOC Enforcement Guidance on the Effect of Representations Made in Applications for Benefits on the Determination of Whether a Person Is a "Qualified Individual with a Disability" Under the Americans with Disabilities Act of 1990 (ADA) (2/12/97)

Explains why representations made in connection with an application for disability benefits (e.g, social security disability benefits and workers' compensation) should not be an automatic bar to an ADA claim.

EEOC Enforcement Guidance: Workers' Compensation and the ADA (9-3-96)

Discusses the relationship between Title I of the ADA and state workers' compensation laws. Explains how the standards for determining whether someone has a disability within the meaning of the ADA differ from the standards for determining eligibility for workers' compensation benefits. Reasonable accommodations, including light duty assignments, for individuals with occupational and non-occupational injuries are discussed.

ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations (10/10/95)

Explains the ADA's provisions on disability related inquiries and medical examinations at the pre and post offer stages.

Interim Enforcement Guidance on the Application of the Americans with Disabilities Act of 1990 to Disability-based Distinctions in Employer Provided Health Insurance (6/8/93)

Explains the types of provisions in employer-provided health insurance plans that may violate the ADA. The guidance describes how to identify "disability-based" distinctions in health insurance plans and gives examples of several specific types of provisions that may violate the ADA. Also discusses how an employer might demonstrate that a particular plan provision is not a "subterfuge" to evade the purposes of the ADA.

RETALIATION

New Compliance Manual Section 8 - Retaliation (5/20/98)

This manual section provides guidance and instructions for investigating and analyzing claims of retaliation.

REMEDIES

Enforcement Rescission of Enforcement Guidance on Remedies Available to Undocumented Workers under Federal Employment Discrimination Laws (6/27/02)

Explains the Commission's rescission in light of the Supreme Court's decision in Hoffman Plastic Compounds, Inc. v. NLRB, which found that illegal immigrants were not entitled to backpay under the National Labor Relations Act, but otherwise expresses the Commission's continued commitment to protect the rights of all workers without regard to immigration status.

For further information about immigration related issues see the Office of Special Counsel site: http://www.usdoj.gov/crt/osc/index.html.

Enforcement Guidance: Compensatory and Punitive Damages Available under § 102 of the Civil Rights Act of 1991 (07/14/92)

How to assess the availability and amount of compensatory and punitive damages under § 102 of the Civil Rights Act of 1991.

ARBITRATION AND WAIVERS

Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (7/10/97)

Sets forth the Commission's opposition to mandatory binding arbitration and explains the basis for its objections.

EEOC Enforcement Guidance on Non-Waivable Employee Rights under EEOC Enforced Statutes (4/11/97)

Explains that, in order to discharge its responsibilities to enforce the federal employment discrimination laws, the Commission must be able to investigate all allegations of discrimination and that, therefore, an employee has the right to file a charge with the EEOC even if the employee has signed a waiver of such right.

RELATED LAWS

Policy Guidance on Executive Order 13145: To Prohibit Discrimination in Federal Employment Based on Genetic In Employment Based on Genetic Information (July 2, 2000)

Explains that under Executive Order B145, federal departments are prohibited, with limited exceptions, to collect, use and disclose information about the results of an individual's or family member's genetic tests or the individual's family medical history.

Questions and Answers: Policy Guidance on Executive Order 13145: To Prohibit Discrimination in Federal. Employment Based on Genetic Information (July 26, 2000)

Facts About the Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964

Explains the relationship between the requirements for employers under the FMLA and the ADA to grant medical leave, and under the FMLA and Title VII to grant leave for pregnancy and related conditions. For further information about the FMLA, see the Department of Labor site at: http://www.dol.gov/whd/fmla/ Also see: http://www.usdoj.gov/crt/osc/index.html.