Threshold Issues

EEOC Survey Finds Glaring Divide in Workplace Discrimination

EEOC examines threshold and covered issues in workplace discrimination laws

When a charge is filed with the Commission, the assigned investigator ordinarily will determine whether certain threshold requirements are satisfied before considering the merits of the discrimination claims.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), or the Equal Pay Act of 1963 (EPA). 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. 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. The investigator should consult with the legal unit if applicable case law differs from the Commission's position on a particular issue.