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SUBJECT: EEOC COMPLIANCE MANUAL PURPOSE: This transmittal covers the issuance of Section 2 of the new Compliance Manual on "Threshold Issues." The section provides guidance and instructions for investigating and analyzing coverage, timeliness, and other threshold issues that are generally addressed when a charge is first filed with the EEOC.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?
The investigator should consult with the legal unit if applicable case law differs from the Commission's position on a particular issue.
A charge filed with the Commission must present a claim that is cognizable under the laws enforced by the Commission.
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.
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.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.Thus, for example, the statute protects Whites, African-Americans, and Asians from race and color discrimination; men and women from sex discrimination; Iranians, Cubans, and Americans from national origin discrimination; and Christians, Jews, Muslims, and atheists from religious discrimination.The following sections describe some specific kinds of charges that can be raised under the Title VII bases.National origin discrimination includes discrimination based on place of origin or on the physical, cultural, or linguistic characteristics of a national origin group.