EEOC issues Q&A guidance for application of Title VII and ADA in cases of domestic or dating violence, sexual assault, or stalking
The Equal Employment Opportunity Commission (EEOC) has recently released a guidance document, “Questions and Answers: The Application of Title VII and the ADA to Applicants and Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking,” to assist employers in processing applicant and employee matters involving these situations.
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, color, sex, religion, or national origin, and the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. Because these federal EEO laws do not prohibit discrimination against applicants or employees who experience domestic or dating violence, sexual assault, or stalking as such, potential employment discrimination and retaliation against these individuals may be overlooked.
The examples provided in the EEOC publication illustrate how Title VII and the ADA may apply to employment situations involving applicants and employees who experience domestic or dating violence, sexual assault, or stalking. However, whether discrimination has actually occurred in a particular instance must be determined through an investigation of the facts alleged. Information on how to file an employment discrimination claim may be found at the end of this document.
The EEOC publication provides detailed answers to the following questions:
Q: What are some examples of employment decisions that may violate Title VII and involve applicants or employees who experience domestic or dating violence, sexual assault, or stalking?
Q: What are some examples of employment decisions that may violate the Americans with Disabilities Act and involve applicants or employees who experience domestic or dating violence, sexual assault or stalking?
Q: What is the legal process for filing claims of discrimination?
The guidance provides valuable information for employers in handling these sensitive issues.
Source: www.eeoc.gov, 11/2012, By Staff
