A covered entity is required to provide a reasonable accommodation unless it can show that doing so would impose an undue hardship. A covered entity is required to provide a reasonable accommodation unless it can show that doing so would impose an undue hardship.
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.
(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.
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.
Sometimes, however, an investigator will be unable to readily determine whether a particular threshold requirement has been met without additional investigation.
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.Specifically, the charge must allege a basis and an issue covered by the EEO statutes.A charge must allege that an individual was subjected to employment discrimination based on his/her membership in one or more of the following protected categories: individual on the basis of his/her race, color, national origin, religion, or sex.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.