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Discriminatory practices under these laws also include: harassment on the partie.s of race, color, religion, sex, national origin, disability, genetic information, or age; retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices; employment decisions based on stereotypes or assumptions about the abilities, traits, or performance SSex individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; and denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group. Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation.

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Undue Hardship An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires ificant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

Prohibited Inquiries and Examinations Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability.

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Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity. Drug and Alcohol Use Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use.

Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections.

The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. Poftal

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It also directs the EEOC to expand its technical assistance and outreach activities. This includes a prohibition on the use of genetic information in all employment decisions; restrictions on the ability of employers and other covered entities to request or to acquire genetic information, with limited exceptions; and a requirement to maintain the confidentiality of any genetic information acquired, with limited exceptions. These laws also cover private and public employment agencies, labor organizations, and parfies.

labor management committees controlling apprenticeship and training. The ADEA covers all private employers with 20 or more employees, state and local governments including school districtsemployment agencies and labor organizations.

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Virtually all employers are subject to the provisions of this Act. In addition, the federal government is covered by Sections and of the Rehabilitation Act ofas amended, which incorporate the requirements of the ADA. Datibg, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred.

The CSRA not enforced by EEOC covers most federal agency employees except employees of a government corporation, the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and as determined by the President, any executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities, or the General ing Office.

Who Can File a Charge of Discrimination? Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.

In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. How Is a Charge of Discrimination Filed? A charge may be filed by mail or in person at GA. nearest EEOC office. Individuals may consult their local telephone directory U. Government listing or call voice or TTY to contact the nearest EEOC office for more information on specific procedures for filing a charge.

Individuals who need an accommodation in order to file a charge e. Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing. The complaining party's name, address, and telephone ; The name, address, and telephone of the respondent employer, employment agency, or union that is alleged to have discriminated, and of employees or union membersif known; A short description of the alleged violation the event that caused the complaining party to believe that his or her partjes.

were violated ; and The date s of the alleged violation s. There are strict time limits within which charges must be filed: A charge must be filed with EEOC within days from the date of the alleged violation, in order to protect the charging party's rights.

This day filing deadline is extended to days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to days. These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court.

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However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated. To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected. Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. The charge usually will be retained by the FEPA for handling.

The employer is notified that the charge has been filed. From this point there are a of ways a charge may be handled: A charge may be ased for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be ased for follow up investigation to determine whether it is likely that a violation has occurred.

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EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues.

In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the parfies. discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate. The charge may be selected for EEOC's mediation program if both the charging party and the employer express an interest in this option.

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