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The EEO statutes prohibit discrimination in labor organization practices, including referrals.In addition, a labor organization is prohibited from refusing to bring a grievance because of an individual's protected status, Thus, if two individuals are sexually harassed while participating in the respondent's training program but only one of them is the respondent's employee, they can both file a Title VII charge against the respondent.The investigator should consult with the legal unit if applicable case law differs from the Commission's position on a particular issue.

The following sections describe some specific kinds of charges that can be raised under the Title VII bases.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.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.For example, discrimination against a Native American may be race and/or national origin discrimination. This broad coverage ensures that individuals are protected against religious discrimination regardless of how widespread their particular religious beliefs or practices are.

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