Title 29--LABOR
Chapter


(a) Executive Order (E.O.) 12549 provides that, to the extent permitted by [[Page 119]] law, Executive departments and agencies shall participate in...


The following definitions apply to this part: Adequate evidence. Information sufficient to support the reasonable belief that a particular act or omission...


(a) These regulations apply to all persons who have participated, are currently participating or may reasonably be expected to participate in transactions under...


(a) In order to protect the public interest, it is the policy of the Federal Government to conduct business only with responsible persons. Debarment and suspension are...


suspension. (a) Primary covered transactions. Except to the extent prohibited by law, persons who are debarred or suspended shall be excluded from primary...


Persons who are ineligible, as defined in Sec. 1471.105(i), are excluded in accordance with the applicable statutory, executive order, or...


Persons who accept voluntary exclusions under Sec. 1471.315 are excluded in accordance with the terms of their settlements. FMCS shall, and participants...


FMCS may grant an exception permitting a debarred, suspended, or voluntarily excluded person, or a person proposed for debarment under 48 CFR part 9, subpart...


covered transactions. (a) Notwithstanding the debarment, suspension, proposed debarment under 48 CFR part 9, subpart 9.4, determination of ineligibility, or...


to restrictions. (a) Except as permitted under Sec. 1471.215 or Sec. 1471.220, a participant shall not knowingly do business under a covered transaction with a...


The debarring official may debar a person for any of the causes in Sec. 1471.305, using procedures established in Secs. 1471.310 through 1471.314. The existence of a cause...


Debarment may be imposed in accordance with the provisions of Secs. 1471.300 through 1471.314 for: (a) Conviction of or civil judgment for: (1)...


FMCS shall process debarment actions as informally as practicable, consistent with the principles of fundamental fairness, using the procedures in Secs. 1471.311...


referral. Information concerning the existence of a cause for debarment from any source shall be promptly reported, investigated, and referred, when appropriate, to...


debarment. A debarment proceeding shall be initiated by notice to the respondent advising: [[Page 125]] (a) That debarment is being considered; ...


proposed debarment. (a) Submission in opposition. Within 30 days after receipt of the notice of proposed debarment, the respondent may submit, in person, in...


(a) No additional proceedings necessary. In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material...


exclusion. (a) When in the best interest of the Government, FMCS may, at any time, settle a debarment or suspension action. (b) If a participant and the...


(a) Debarment shall be for a period commensurate with the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall be...


(a) Scope in general. (1) Debarment of a person under these regulations constitutes debarment of all its divisions and other organizational elements from all...


(a) The suspending official may suspend a person for any of the causes in Sec. 1471.405 using procedures established in Secs. 1471.410 through 1471.413. ...


(a) Suspension may be imposed in accordance with the provisions of Secs. 1471.400 through 1471.413 upon adequate evidence: (1) To suspect the commission of...


(a) Investigation and referral. Information concerning the existence of a cause for suspension from any source shall be promptly reported, investigated, and referred,...


When a respondent is suspended, notice shall immediately be given: (a) That suspension has been imposed; (b) That the suspension is based on an...


contest suspension. (a) Submission in opposition. Within 30 days after receipt of the notice of suspension, the respondent may submit, in person, in writing, or...


The suspending official may modify or terminate the suspension (for example, see Sec. 1471.320(c) for reasons for reducing the period or scope of...


(a) Suspension shall be for a temporary period pending the completion of an investigation or ensuing legal, debarment, or Program Fraud Civil Remedies...


The scope of a suspension is the same as the scope of a debarment (see Sec. 1471.325), except that the procedures of Secs. 1471.410 through 1471.413 shall be used...


GSA responsibilities. (a) In accordance with the OMB guidelines, GSA shall compile, maintain, and distribute a list of all persons [[Page...


FMCS responsibilities. (a) The agency shall provide GSA with current information concerning debarments, suspension, determinations of ineligibility, and...


Participants' responsibilities. (a) Certification by participants in primary covered transactions. Each participant shall submit the certification in appendix A to...


Purpose. Source: 55 FR 21688, 21697, May 25, 1990, unless otherwise noted. (a) The purpose of this subpart is to carry out the Drug-Free Workplace Act of...


Definitions. (a) Except as amended in this section, the definitions of Sec. 1471.105 apply to this subpart. (b) For purposes of this subpart-- (1)...


Coverage. (a) This subpart applies to any grantee of the agency. (b) This subpart applies to any grant, except where application of this subpart would be...


Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment. A grantee shall be deemed in violation of the requirements of...


Effect of violation. (a) In the event of a violation of this subpart as provided in Sec. 1471.615, and in accordance with applicable law, the grantee shall be subject to...


Exception provision. The agency head may waive with respect to a particular grant, in writing, a suspension of payments under a grant, suspension or termination of a...


Certification requirements and procedures. (a)(1) As a prior condition of being awarded a grant, each grantee shall make the appropriate certification...


Reporting of and employee sanctions for convictions of criminal drug offenses. (a) When a grantee other than an individual is notified that an employee has...


subject to the executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635, the EEOC regulation at 5 CFR part 7201, which supplements the executive...


the administration and enforcement of title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. Section 107 of the Americans with Disabilities...


employment agency, labor organization, employee, commerce, industry affecting commerce, State and religion as used in this part shall have the meanings set forth in section...


of 1964; the term ADA shall mean the Americans with Disabilities Act of 1990; the term Commission shall mean the Equal Employment Opportunity Commission or any of its...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1601.4] [Page 140] TITLE 29--LABOR COMMISSION PART 1601--PROCEDURAL REGULATIONS--Table of Contents Subpart A--Definitions Sec. 1601.4 Vice Chairman's functions. The member of the Commission designated by the President to serve as Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office. ...


or any territory thereof fixed by the Commission as a particular district. The term ``district director'' shall refer to that person designated as the Commission's chief officer...


of title VII or the ADA from any person. Where the information discloses that a person is entitled to file a charge with the Commission, the appropriate office...


in or is engaging in an unlawful employment practice within the meaning of title VII or the ADA may be made by or on behalf of any person claiming to be aggrieved. A charge...


Washington, DC, or any of its field offices or with any designated representative of the Commission. The addresses of the Commission's field offices appear in...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1601.9] [Page 142] TITLE 29--LABOR COMMISSION PART 1601--PROCEDURAL REGULATIONS--Table of Contents Subpart B--Procedure for the Prevention of Unlawful Employment Practices Sec. 1601.9 Form of charge. A charge shall be in writing and signed and shall be verified. ...


a person claiming to be aggrieved may be withdrawn only by the person claiming to be aggrieved and only with the consent of the Commission. The Commission hereby delegates...


Commission. Such charge shall be in writing and signed and shall be verified. (b) A Commissioner who files a charge under paragraph (a) of this section may withdraw...


(1) The full name, address and telephone number of the person making the charge except as provided in Sec. 1601.7; (2) The full name and address of the person against whom the...


(1) Charges arising in jurisdictions having no FEP agency are filed with the Commission upon receipt. Such charges are timely filed if received by the Commission...


Commission office, the Commission shall serve respondent a copy of the charge, by mail or in person, except when it is determined that providing a copy of the...


investigators, or any other representative designated by the Commission. During the course of such investigation, the Commission may utilize the services of State and...


(a) To effectuate the purposes of title VII and the ADA, any member of the Commission shall have the authority to sign and issue a subpoena requiring: [[Page 146]] ...


Commissioner, upon approval of the Commission, may demand in writing that a person appear [[Page 147]] at a stated time and place within the State in which such...


the person claiming to be aggrieved discloses, or where after investigation the Commission determines, that the charge and every portion thereof is not timely filed,...


of a charge and finds that there is not reasonable cause to believe that an unlawful employment [[Page 148]] practice has occurred or is occurring as to...


may encourage the parties to settle the charge on terms that are mutually agreeable. District Directors, Area Directors, Local Directors, the Program Director, Office...


the Commission has not settled or dismissed a charge or made a no cause finding as to every allegation addressed in the determination under Sec. 1601.19, the...


charge of employment discrimination under the ADA or title VII, nor information obtained from records required to be kept or reports required to be filed pursuant to the ADA or...


706(f)(2) of title VII, the Commission hereby delegates to the Program Director, Office of Program Operations or upon delegation, the Director of Systemic Programs, Office...


cause to believe that an unlawful employment practice has occurred or is occurring, the Commission shall endeavor to eliminate such practice by informal methods...


provided by title VII or the ADA and it determines that further efforts to do so would be futile or nonproductive, it shall, through the appropriate District Director,...


of the Commission to eliminate unlawful employment practices by informal methods of conference, conciliation, and persuasion may be made a matter of public...


in a charge not a government, governmental agency or political subdivision, after thirty (30) days from the date of the filing of a charge with the Commission unless...


request. (1) When a person claiming to be aggrieved requests, in writing, that a notice of right to sue be issued and the charge to which the request relates is filed against...


a charge involving a government, governmental agency or political subdivision, it shall inform the Attorney General of the appropriate facts in the case with recommendations...


labor organization, and joint labor-management committee controlling an apprenticeship or other training program that has an obligation under title VII or the ADA...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1601.34] [Page 155] TITLE 29--LABOR COMMISSION PART 1601--PROCEDURAL REGULATIONS--Table of Contents Subpart D--Construction of Rules Sec. 1601.34 Rules to be liberally construed. These rules and regulations shall be liberally construed to effectuate the purpose and provisions of title VII and the ADA. [44 FR 4670, Jan. 23, 1979. Redesignated and amended at 56 FR 9624, 9625, Mar. 7, 1991] ...


repeal of a rule or regulation. Such petition shall be filed with the Equal Employment Opportunity Commission, 1801 L Street NW., Washington DC 20507, and shall state...


either grant or deny the petition in whole or in part, conduct an appropriate proceeding thereon, or make other disposition of the petition. Should the petition be denied...


under section 706(c) of title VII and this section shall be designated as ``FEP agencies.'' The qualifications for designation under section 706(c) are as follows: ...


in section 706(c) of title VII and Sec. 1601.70, the Commission shall so notify the agency by letter and shall notify the public by publication in the Federal Register of...


(VA) Human Rights Office Allentown (PA) Human Relations Commission Anchorage (AK) Equal Rights Commission Anderson (IN) Human Relations...


past, satisfactory performance of those agencies. The effect of such certification is that the Commission shall accept the findings and resolutions of designated FEP agencies...


the designated, certified FEP agency of their right, if aggrieved by the agency's final action, to request review by the Commission within 15 days of that action. The Commission,...


findings and resolutions of that agency as final in regard to all cases processed under contract with the Commission, as provided in section 709(b) of title VII, except that...


by the Commission, as provided in Sec. 1601.75 of this part, continue to maintain performance consistent with the Commission's Substantial Weight Review Procedures...


the Commission may, upon its own motion, withdraw such certification as a result of an evaluation conducted pursuant to Sec. 1601.78 or for any reason which leads the...


as follows: Alaska Commission for Human Rights Alexandria (VA) Human Rights Office Anchorage (AK) Equal Rights Commission Arizona Civil Rights...


VII interpretation or opinion from the Commission may make such a request. However, issuance of title VII interpretations or opinions is discretionary. [56 FR 9625, Mar....


the person making the request, addressed to the Chairman, Equal Employment Opportunity Commission, 1801 L Street, NW., Washington, DC 20507 and shall contain: (a)...


of the Commission'' within the meaning of section 713 of title VII: (a) A letter entitled ``opinion letter'' and signed by the Legal Counsel on behalf of and as...


107 of the Americans with Disabilities Act (ADA) (42 U.S.C. 12117) require the Commission to establish regulations pursuant to which employers, labor organizations,...


of each year, every employer that is subject to title VII of the Civil Rights Act of 1964, as amended, and that has 100 or more employees shall file with the Commission or...


making of willfully false statements on Report EEO-1 is a violation of the United States Code, title 18, section 1001, and is punishable by fine or imprisonment as set...


failing or refusing to file Report EEO-1 when required to do so may be compelled to file by order of a U.S. District Court, upon application of the Commission. [31...


that the preparation or filing of the report would create undue hardship, the employer may apply to the Commission for an exemption from the requirements set forth in...


right to require reports, other than that designated as the Employer Information Report EEO-1, about the employment practices of individual employers or groups of...


any requirement, generally applicable to employers, that records be made or kept. It reserves the right to impose [[Page 164]] recordkeeping requirements...


acquire the information necessary for completion of items 5 and 6 of Report EEO-1 either by visual surveys of the work force, or at their option, by the maintenance...


made or kept by an employer (including but not necessarily limited to requests for reasonable accommodation, application forms submitted by applicants and other...


On or before September 30, 1967, and annually thereafter, certain joint labor-management committees subject to title VII of the Civil Rights Act of 1964 which control...


The making of willfully false statements on Report EEO-2 is a violation of the U.S. Code, title 18, section 1001, and is punishable by fine or imprisonment as set...


or refusing to file Report EEO-2 when required to do so may be compelled to file by order of a U.S. District Court, upon application of the Commission, under authority...


the preparation or filing of Report EEO-2 would create undue hardship, the committee may apply to the Commission for an exemption from the requirements set forth in...


right to require reports, other than that designated as Report EEO-2, about apprenticeship procedures of joint labor-management committees, employers, and labor...


file Report EEO-2 shall make or keep such records as are necessary for its completion under the conditions and circumstances set forth in the instructions accompanying the...


provisions of section 1602.14, every person subject to Sec. 1602.20 (b) or (c) shall preserve the list of applicants or application forms, as the case may be, for a period of 2...


On or before December 31, 1986, and biennially thereafter, every labor organization subject to title VII of the Civil Rights Act of 1964, as amended, shall file with...


The making of willfully false statements on Report EEO-3 is a violation of the United States Code, title 18, section 1001, and is punishable by fine or imprisonment as...


person failing or refusing to file Report EEO-3 when required to do so may be compelled to file by order of a U.S. District Court, upon application of the Commission, under authority...


that the preparation or filing of Report EEO-3 would create undue hardship, the labor organization may apply to the Commission for an exemption from the requirements set forth...


the right to require reports, other than that designated as Report EEO-3, about the membership or referral practices or other procedures of labor organizations, whenever, in...


calling for information about union policies and practices and for the compilation of statistics on the race, color, national origin, and sex of members, persons referred,...


by a labor organization or its agent solely for the purpose of completing Report EEO-3 shall be preserved for a period of 1 year from the due date of the report for which...


State or local law. The requirements imposed by the Equal Employment Opportunity Commission in these regulations, subparts D through G, supersede any provisions...


1974, and annually thereafter, every political jurisdiction with 15 or more employees is required to make or keep records and the information therefrom which are or would...


employment record made or kept by a political jurisdiction (including but not necessarily limited to requests for reasonable accommodation application forms submitted by...


Source: 38 FR 12605, May 14, 1973, unless otherwise noted. On or before September 30, 1993, and biennially thereafter, certain political jurisdictions subject to title...


The making of willfully false statements on report EEO-4, is a violation of the United States Code, title 18, section 1001, and is punishable by fine or imprisonment as set...


Any political jurisdiction failing or refusing to file report EEO-4 when required to do so may be compelled to file by order of a U.S. district court,...


If it is claimed that the preparation or filing of the report would create undue hardship, the political jurisdiction may apply to the Commission for an exemption from...


of subparts I and J of this part shall not apply to State or local educational institutions or to school districts or school systems or any other...


the right to require reports, other than that designated as the ``State and Local Government Information Report EEO-4,'' about the employment practices of individual...


State or local law. The requirements imposed by the Equal Employment Opportunity Commission in these regulations, subparts I and J, supersede any provisions of...


Records to be made or kept. On or before November 30, 1974, and annually thereafter, every public elementary and secondary school system or district, including...


Preservation of records made or kept. Any personnel or employment record made or kept by a school system, district, or individual school (including but not necessarily...


Source: 38 FR 26719, Sept. 25, 1973, unless otherwise noted. On or before November 30, 1982, and biennially thereafter, certain public elementary and secondary...


The making of willfully false statements on report EEO-5 is a violation of the United States Code, title 18, section 1001, and is punishable by fine or emprisonment as set...


file report. Any school system or district failing or refusing to file report EEO-5 when required to do so may be compelled to file by order of a U.S. district...


If it is claimed that the preparation or filing of the report would create undue hardship, the school system or district may apply to the Commission for an...


the right to require reports, other than that designated as the Elementary-Secondary Information Report EEO-5, about the employment practices of private or public...


State or local law. The requirements imposed by the Equal Employment Opportunity Commission in these regulations, subparts L and M of this part, supersede...


the term institution of higher education means an institutional system, college, university, community college, junior college, and any other educational institution...


1975, every institution of higher education, whether public or private, with 15 or more employees, shall make or keep all records, and information therefrom, which are or would...


personnel or employment record (including but not necessarily limited to requests for reasonable accommodation, application forms submitted by applicants and other records having to...


Source: 40 FR 25189, June 12, 1975, unless otherwise noted. On or before November 30, 1975, and biennially thereafter, every public and private institution of...


The making of willfully false statements on Report EEO-6 is a violation of the United States Code, title 18, section 1001, and is punishable by fine or imprisonment as set...


of higher education failing or refusing to keep records, in accordance with Sec. 1602.48 or Sec. 1602.49 of [[Page 174]] subpart O of this part, or failing...


that the preparation or filing of the report would create undue hardship, the institution of higher education may apply to the Commission for an exemption from the requirements...


the right to require reports, other than that designated as the Higher Education Staff Information Report EEO-6, about the employment practices of private or public...


State or local law. The requirements imposed by the Equal Employment Opportunity Commission in these regulations, subparts O, P, and Q of this part, supersede...


When it has received an allegation, or has reason to believe, that a person has not complied with the reporting or recordkeeping requirements of this part or of part...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1603.100] [Page 175] TITLE 29--LABOR COMMISSION Sec. 1603.100 Purpose. This part contains the regulations of the Equal Employment Opportunity Commission (hereinafter the Commission) for processing complaints of discrimination filed under section 321 of the Government Employee Rights Act, 2 U.S.C. 1220. ...


appointed by a person elected to public office in any State or political subdivision of any State by the qualified voters thereof: (a) To be a member of the elected...


religion, sex, national origin, age or disability or retaliated against for opposing any practice made unlawful by federal laws protecting equal employment opportunity or...


applicant under this part concerning an employment practice within the jurisdiction of the FEP agency. The FEP agency will be entitled to process the complaint exclusively for...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1603.104] [Page 176] TITLE 29--LABOR COMMISSION Subpart A--Administrative Process Sec. 1603.104 Service of the complaint. Upon receipt of a complaint, the Commission shall promptly serve the respondent with a copy of the complaint. ...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1603.105] [Page 176] TITLE 29--LABOR COMMISSION Subpart A--Administrative Process Sec. 1603.105 Withdrawal of a complaint. The complainant may withdraw a complaint at any time by so advising the Commission in writing. ...


if it is delivered by facsimile not exceeding 20 pages, in person or postmarked before the expiration of the applicable filing period, or, in the absence of a...


part, the Commission shall dismiss the complaint. (b) Where the complainant cannot be located, the Commission may dismiss the complaint provided that reasonable efforts...


mutually agreeable. Any settlement reached shall be in writing and signed by both parties and shall identify the allegations resolved. A copy of any settlement shall be served...


of letters, interrogatories, fact-finding conferences, interviews, on-site visits or other fact-finding methods that address the matters at issue. (b) During...


of this part, on behalf of the Commission, the Office of Federal Operations shall transmit the complaint file to an administrative law judge, appointed under 5 U.S.C. 3105, for...


addition, the administrative law judge shall have the power to: (a) Change the time, place or date of the hearing; (b) Enter a default decision against a party...


the adjudication, another administrative law judge may be designated for the purpose of further hearing or issuing a decision on the record as made, or both. (b)...


Commission and an interested party to the adjudication without providing the other party a chance to participate are prohibited from the time the matter is assigned to...


under this part. (b) No Commission employee engaged in investigating complaints under this part shall participate or advise in the decision of the...


object to all parties affected, consolidate any or all matters at issue in two or more adjudications docketed under this part where common parties, or factual or...


(b) A motion to intervene shall indicate the question of law or fact common to the movant's claim or defense and the complaint at issue and state all other facts or reasons...


hearing. After providing an opportunity for response, the administrative law judge may rule [[Page 179]] on an oral motion immediately or may require that it...


judge, with a certificate of service indicating that a copy has been sent to all other parties, and the date and manner of service. All documents shall be on standard...


to Sec. 1603.201. Discovery shall be completed as expeditiously as possible within such time as the administrative law judge directs. (b) Unless otherwise ordered by...


witnesses and the production of any evidence, including, but not limited to, books, records, correspondence, or documents, in their possession or under their control. The...


the witness by the party requesting the subpoena at the time the subpoena is served, or, if the witness appears voluntarily, at the time of appearance. A federal agency...


(1) The ruling involves a controlling question of law or policy about which there is substantial ground for difference of opinion; (2) An immediate ruling will...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1603.214] [Page 180] TITLE 29--LABOR COMMISSION Subpart B--Hearings Sec. 1603.214 Evidence. The administrative law judge shall accept relevant non-privileged evidence in accordance with the Federal Rules of Evidence (28 U.S.C. appendix), except the rules on hearsay will not be strictly applied. ...


contained in the transcript of testimony, either directly or by appropriate reference. All exhibits introduced as evidence shall be marked for identification, with a copy provided...


judge finds that there is no genuine issue of material fact or that the complaint may be dismissed pursuant to Sec. 1603.107 or any other grounds authorized by this part. A...


hearing, unless the administrative law judge makes a written determination that good cause exists for extending the time for issuing a decision. The decision shall...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1603.301] [Page 181] TITLE 29--LABOR COMMISSION Subpart C--Appeals Sec. 1603.301 Appeal to the Commission. Any party may appeal to the Commission the dismissal of a complaint under Sec. 1603.107, any matter certified for interlocutory review under Sec. 1613.213, or the administrative law judge's decision under Sec. 1603.216 or Sec. 1603.217. ...


a showing of good cause, extends the time for filing an appeal for a period not to exceed an additional 30 days. (b) An appeal shall be filed with the Director, Office of...


(b) All other parties may file briefs or other written statements within 30 days of service of the appellant's brief or statement. (c) Every brief or statement shall contain...


Office of Federal Operations shall prepare a recommended decision for consideration by the Commission. [[Page 182]] (b) When an administrative law judge certifies...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1603.305] [Page 182] TITLE 29--LABOR COMMISSION Subpart C--Appeals Sec. 1603.305 Modification or withdrawal of Commission decision. At any time, the Commission may modify or withdraw a decision for any reason provided that no petition for review in a United States Court of Appeals has been filed. ...


the United States Code by filing a petition for review with a United States Court of Appeals within 60 days after issuance of the final decision. Such petition for review should...


labor organizations and to employment agencies insofar as their action or inaction may adversely affect employment opportunities. (b) To the extent that the views expressed...


interpreted narrowly. Label- -``Men's jobs'' and ``Women's jobs''--tend to deny employment opportunities unnecessarily to one sex or the other. (1) The Commission will find...


lines of progression or separate seniority [[Page 184]] lists based on sex where this would adversely affect any employee unless sex is a bona...


which is not applicable to married men is a discrimination based on sex prohibited by title VII of the Civil Rights Act. It does not seem to us relevant that the rule is...


on sex unless sex is a bona fide occupational qualification for the particular job involved. The placement of an advertisement in columns classified by...


any individual because of sex. The Commission has determined that private employment agencies which deal exclusively with one sex are engaged in an unlawful...


made in good faith for a nondiscriminatory purpose. Any pre-employment inquiry in connection with prospective employment which expresses directly [[Page...


coextensive with that of the other prohibitions contained in title VII and is not limited by section 703(h) to those employees covered by the Fair Labor Standards Act. (b)...


bonus plans; leave; and other terms, conditions, and privileges of employment. (b) It shall be an unlawful employment practice for an employer to discriminate between...


or employees because of pregnancy, childbirth or related medical conditions is in prima facie violation of title VII. (b) Disabilities caused or contributed to...


or employees because of pregnancy, childbirth or related medical conditions is in prima facie violation of title VII. (b) Disabilities caused or contributed to...
...


which the issue does exist, the Commission will define religious practices to include moral or ethical beliefs as to what is right and wrong which are sincerely held with...


This section clarifies the obligation imposed by title VII of the Civil Rights Act of 1964, as amended, (sections 701(j), 703 and 717) to accommodate the religious practices...


employee or prospective employee cannot attend because of his or her religious practices, the user of the test should be aware that the principles enunciated in these...


the denial of equal employment opportunity because of an individual's, or his or her ancestor's, place of origin; or because an individual has the physical, cultural...


the basis of race, color, religion, sex or [[Page 197]] national origin. The title VII principles of disparate treatment and adverse impact equally apply...


fulfill the national security requirements stated in section 703(g) of title VII. \1 --------------------------------------------------------------------------- \1\ See...


[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1606.4] [Page 197] TITLE 29--LABOR COMMISSION PART 1606--GUIDELINES ON DISCRIMINATION BECAUSE OF NATIONAL ORIGIN--Table of Contents Sec. 1606.4 The bona fide occupational qualification exception. The exception stated in section 703(e) of title VII, that national origin may be a bona fide occupational qualification, shall be strictly construed. ...


individual on the basis of national origin, they are prohibited by title VII. \2 --------------------------------------------------------------------------- \2\...


the basis of national origin, the Commission will apply the Uniform Guidelines on Employee Selection Procedures (UGESP), 29 CFR part 1607. Employers and other users of...


a burdensome term and condition of employment. The primary language of an individual is often an essential national origin characteristic. Prohibiting employees at all...


employer has an affirmative duty to maintain a working environment free of harassment on the basis of national...


question of the use of tests and other selection procedures has long been recognized. The Equal Employment Opportunity Commission, the Civil Service Commission, the Department...


title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (hereinafter ``title VII''); by the Department of Labor, and...


unless justified. The use of any selection procedure which has an adverse impact on the hiring, promotion, or other employment or membership opportunities...


which will disclose the impact which its tests and other selection procedures have upon employment opportunities of persons by identifiable race, sex, or ethnic group...


may rely upon criterion-related validity studies, content validity studies or construct validity studies, in accordance with the standards set forth in the technical...


user may choose to utilize alternative selection procedures in order to eliminate adverse impact or as part of an affirmative action program. See section 13 below. Such...


selection procedures by validity studies conducted by other users or conducted by test publishers or distributors and described in test manuals. While publishers of...


employment agencies to cooperate in research, development, search for lawful alternatives, and validity studies in order to achieve procedures which are consistent...


a test or other selection procedures, its author or its publisher, or casual reports of it's validity be accepted in lieu of evidence of validity. Specifically ruled out...


employment agencies and State employment agencies, which agrees to a request by an employer or labor organization to device and utilize a selection procedure should follow...


selection procedure-- even though validated against job performance in accordance with these guidelines--cannot be imposed upon members of a race, sex, or ethnic group where...


periodically with public notice, such reasonable opportunity exists, unless persons who have previously been tested are precluded from retesting. The user may however...


does not relieve users of any obligations they may have to undertake affirmative action to assure equal employment opportunity. Nothing in these guidelines is intended...


Nothing in these guidelines is intended to preclude the development and use of other professionally acceptable techniques with respect to validation of selection...


Nothing in these guidelines is intended to preclude the development and use of other professionally acceptable techniques with respect to validation of selection...
...


observable behavior or a behavior which results in an observable product. B. Adverse impact. A substantially different rate of selection in hiring, promotion, or...


act of Congress in 1972, and charged with responsibility for developing and implementing agreements and policies designed, among other things, to eliminate conflict and...


on Employee Selection Procedures (1978) are intended to establish a uniform Federal position in the area of prohibiting discrimination in employment practices on grounds...


organizations, and other persons subject to title VII have changed their employment practices and systems to improve employment opportunities for minorities and women,...


the Equal Employment Opportunity Commission as that term is used in section 713(b)(1) of title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-12(b)(1), and...


prohibits practices, procedures, or policies which have an adverse impact unless they are [[Page 228]] justified by business necessity. In addition, title VII...


three elements: a reasonable self analysis; a reasonable basis for concluding action is appropriate; and reasonable action. (a) Reasonable self analysis. The objective...


action compliance programs adopted pursuant to Executive Order 11246, as amended, and its implementing regulations, including 41 CFR part 60-2 (Revised Order 4), will...


for review of plans. If adherence to a conciliation or settlement agreement executed under title VII and approved by a responsible official of the EEOC is the basis of...


agreement with State or local government agencies, or by order of State or local government agencies, whether entered by consent or after contested proceedings, under...


adherence to an Order of a United States District Court or other court of competent jurisdiction, whether entered by consent or after contested litigation, in a case brought...


or program, or when such a plan or program is raised as justification for an employment decision, and when the plan or program was developed pursuant to the requirements of...


during the investigation of a charge of discrimination filed with the Commission, a respondent asserts that the action complained of was taken pursuant to an in...




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