EEOC Guidance
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The EEOC’s guidance provides the Commission’s interpretations of the laws enforced by the agency. EEOC guidance draws from the text of the statute/s, the legislative history, prior Commission policy and decisions, case law, and other legal sources. EEOC guidance documents are approved by a majority vote of the Commission.
The EEOC has published its guidance as part of Volume II of an original “Compliance Manual” (CM, first issued in 1979), and a “New Compliance Manual” (first issued in 2000). Generally, each CM section addresses a broad area of the law, while “Enforcement Guidance” “Policy Guidance” and other guidance, which is filed behind or appended to the relevant CM section, provides more detail about a narrower subject. In this interactive table, the older CM sections and related documents are identified by 3-digit numbers ranging from 601 through 902, while the New CM sections are identified by 1 or 2-digit numbers ranging from 2 through 15. In some instances, while an underlying CM section may have been superceded, documents that originally were filed behind or appended to a superceded document remain in force. All of the materials provided in this table remain in effect.
| Issue Date | Title | Summary | Compliance Manual Section | Laws | Topics |
|---|---|---|---|---|---|
| 2024-04-29 | Enforcement Guidance on Harassment in the Workplace | This document addresses how harassment based on race, color, religion, sex, national origin, age, disability, or genetic information is defined under EEOC-enforced statutes and the analysis for determining whether employer liability is established. | (New Harassment Guidance) | Title VII EPA ADEA ADA GINA PWFA | Harassment, Harassment: Sex-Based |
| 2021-01-15 | New Compliance Manual: Section 12 Religious Discrimination | This Compliance Manual section addresses Title VII’s prohibition against religious discrimination in employment, including topics such as religious harassment, and workplace accommodation of religious beliefs and practices. It supercedes a 2008 document with the same name. | 12: New Compliance Manual Section 12; Religious Discrimination | Title VII | Religion; Harassment, Reasonable Accommodation |
| 2016-11-18 | Enforcement Guidance on National Origin Discrimination | This document addresses Title VII’s prohibition on national origin discrimination in employment, i.e., because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or linguistic characteristics of a particular national origin group. | 13: New Compliance Manual Section 13; National Origin Discrimination | Title VII | National Origin, Race, Harassment |
| 2016-08-25 | Enforcement Guidance on Retaliation and Related Issues | This document addresses the anti-retaliation provisions under each statute enforced by the Commission. | 8: New Compliance Manual Section 8; Retaliation | Title VII EPA ADEA ADA GINA PWFA | Retaliation |
| 2015-06-25 | Enforcement Guidance on Pregnancy Discrimination and Related Issues | This document addresses the Pregnancy Discrimination Act and the ADA as they apply to pregnant workers. It replaces a 2014-07-14 document with the same name. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII ADA | Pregnancy, Sex, Disability |
| 2012-04-25 | Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions | This document addresses Title VII’s application to the use of arrest or conviction records in employment decisions. | 604: Theories of Discrimination; Appears after Rescinded 604 | Title VII | Title VII |
| 2007-05-23 | Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities | This document addresses unlawful disparate treatment under the federal EEO laws of workers with caregiving responsibilities. | 615: Harassment; Appears after Superseded 615 | ADA Title VII | Harassment: Sex-Based |
| 2006-04-19 | New Compliance Manual: Section 15 Race and Color Discrimination | This document addresses Title VII’s prohibition on race or color discrimination in employment, including disparate treatment, harassment, and other topics. | 15: New Compliance Manual Section 15; Race and Color Discrimination | Title VII | Race, Color, National Origin |
| 2002-10-17 | Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA | This document addresses the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship under Title I of the ADA. It appears after Section 902 of the Compliance Manual. | 902: Definition of Disability; Appears after Rescinded 902 | ADA | Disability |
| 2000-12-22 | Enforcement Guidance on the Application of the ADA to Contingent Workers Placed by Temporary Agencies and Other Staffing Firms | This document addresses unique ADA issues not addressed in the EEOC's 1997 enforcement guidance on the application of the EEO laws to contingent work arrangements. | 902: Definition of Disability; Appears after Rescinded 902 | ADA Rehab Act | Disability; Disability Related Inquiries and Medical Exams |
| 2000-12-05 | New Compliance Manual: Section 10 Compensation Discrimination | This document addresses the standards under which compensation discrimination is established in violation of Title VII, the ADEA, the ADA, and the EPA. | 10: New Compliance Manual Section 10; Compensation Discrimination | Title VII EPA ADEA ADA | Pay Discrimination, Race, Color, Sex, Religion, National Origin, Age, Disability |
| 2000-10-03 | New Compliance Manual: Section 3 Employee Benefits | This document focuses on employee benefits that raise unique issues under EEO laws, including life and health insurance benefits, long-term and short-term disability benefits, severance benefits, pension or other retirement benefits, and early retirement. This New Compliance Manual Section 3 supersedes the former Section 627 of the Compliance Manual. | 3: New Compliance Manual Section 3; Employee Benefits | Title VII EPA ADEA ADA GINA | Employee Benefits, Race, Color, Religion, National Origin, Sex, Age, Disability, Genetic Information |
| 2000-10-02 | Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation | This document addresses steps for federal agencies required under E.O. 13164 to issue procedures for processing requests by applicants and employees for reasonable accommodation. | 902: Definition of Disability; Appears after Rescinded 902 | Rehab Act | Disability; Reasonable Accommodation |
| 2000-07-26 | Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the ADA | This document addresses when it is permissible under Title I of the ADA for employers to make disability-related inquiries or require medical examinations of employees. It appears after Section 902 of the Compliance Manual. | 902: Definition of Disability; Appears after Rescinded 902 | ADA | Disability, Disability-Related Inquiries and Medical Exams |
| 2000-05-12 | Compliance Manual: Section 2 Threshold Issues | This document addresses requirements that an individual must satisfy in order to have a legal claim under the EEO statutes, including definitions of covered individuals and entities, covered issues and bases, timeliness, standing, and other topics. | 2: New Compliance Manual Section 2; Threshold Issues | Title VII EPA ADEA ADA GINA | Threshold Issues |
| 1997-12-03 | Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms | This document provides guidance regarding the application of the anti-discrimination statutes to temporary, contract, and other contingent employees. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII EPA ADEA ADA GINA | Threshold Issues; Employment Agencies |
| 1997-10-29 | Enforcement Guidance on Sex Discrimination in the Compensation of Sports Coaches in Educational Institutions | This document addresses the application of the Equal Pay Act and Title VII to sex discrimination in the compensation of sports coaches in educational institutions | 633: Wage Discrimination; Appears after 633 | EPA Title VII | Pay Discrimination |
| 1997-04-10 | Enforcement Guidance on non-waivable employee rights under EEOC enforced statutes | This document addresses EEOC's position that an employer may not interfere with the protected right of employees to file a charge or participate in any manner in an investigation, hearing, or proceeding under the laws enforced by EEOC. | 801: Introduction (ADEA); Appears after Rescinded 801 | Title VII ADA ADEA EPA | Interference with EEOC Investigations, Race, Color, Sex, Religion, National Origin, Age |
| 1997-03-25 | Enforcement Guidance on the ADA and Psychiatric Disabilities | This document addresses questions about rights and responsibilities regarding psychiatric disabilities and Title I of the ADA. | 902: Definition of Disability; Appears after Rescinded 902 | ADA Rehab Act | Disability |
| 1996-09-18 | Enforcement Guidance on O'Connor v. Consolidated Coin Caterers Corp. | This document addresses the impact on EEOC enforcement of the Supreme Court's ADEA decision in O'Connor v. Consolidated Coin Caterers Corp. (1996), holding that a prima facie showing of age discrimination in discharge does not require the plaintiff's replacement to be outside the protected age group. | 801: Introduction (ADEA); Appears after Rescinded 801 | ADEA | Age |
| 1996-09-03 | Enforcement Guidance: Workers' Compensation and the ADA | This document addresses the interaction between Title I of the ADA and state workers’ compensation laws. | 902: Definition of Disability; Appears after Rescinded 902 | ADA | Disability; Workers Compensation |
| 1996-05-22 | Enforcement Guidance: Whether "testers" can file charges and litigate claims of employment discrimination | This document addresses the Commission's view that testers, and the organizations that send testers to respondents, may challenge any discrimination to which they were subjected while conducting the tests, and also discusses legal developments on tester. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII ADA ADEA Rehab Act | Threshold Issues,Testers |
| 1995-12-14 | Enforcement Guidance on After-Acquired Evidence and McKennon v. Nashville Banner Publishing Co | This document addresses the effect of the McKennon decision on administrative processing of EEO claims, with respect to the holding that a respondent is liable for its discriminatory actions even where it subsequently discovers evidence that would have led to the employee’s termination on legitimate grounds. | 604: Theories of Discrimination; Appears after Rescinded 604 | Title VII EPA ADA ADEA GINA EPA | Charge Analysis, Race, Color, Sex, National Origin, Religion, Age, Disability, Genetic Information |
| 1995-10-10 | Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations | This document addresses when it is permissible under Title I of the ADA for employers to make disability-related inquiries or require medical examinations of applicants. | 902: Definition of Disability; Appears after Rescinded 902 | ADA | Disability, Disability-Related Inquiries and Medical Exams |
| 1995-07-17 | Policy Statement: EEOC's Alternative Dispute Resolution Policy | This document addresses the Commission’s position on alternative dispute resolution programs. | 603: Processing Title VII, ADEA, and EPA Cases which Raise Issues which are Included on the Priority or Pending Lists; Appears after 603 | Title VII | Alternative Dispute Resolution, Charge Processing |
| 1993-10-23 | Enforcement Guidance on Application of Title VII and the ADAto Conduct Overseas and to Foreign Employers Discriminating in the United States | This document is intended to provide guidance on two issues: the extraterritorial application of Title VII and the Americans with Disabilities Act to American and American-controlled employers abroad; and the coverage under both statutes of foreign employers discriminating within the United States. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | ADA Title VII CRA of 1991 | Threshold Issues, Extraterritorial Jurisdiction |
| 1993-10-20 | Enforcement Guidance on Coverage of Federal Reserve Banks | This document addresses the Commission’s view that Federal Reserve Banks are not executive agencies and are covered by the EEO laws as private employers. | 801: Introduction (ADEA); Appears after Rescinded 801 | Title VII EPA ADEA ADA Rehab Act | Threshold Issues, Covered Employers |
| 1993-06-08 | Interim Enforcement Guidance on the application of the ADA to disability-based distinctions in employer-provided health insurance | This 1993 document addresses the Commission’s position on the application of the ADA to disability-based distinctions in employer-provided health insurance. | 902: Definition of Disability; Appears after Rescinded 902 | ADA | Disability, Insurance |
| 1992-07-14 | Enforcement Guidance: Compensatory and Punitive Damages Available under sec 102 of the CRA of 1991 | This Enforcement Guidance addresses the availability of compensatory and punitive damages pursuant to the Civil Rights Act of 1991 (42 USC § 1981A). | 603: Processing Title VII, ADEA, and EPA Cases which Raise Issues which are Included on the Priority or Pending Lists; Appears after 603 | CRA of 1991 | Remedies, Race |
| 1991-09-20 | Policy Guidance: What constitutes an employment agency under Title VII, how should charges against employment agencies be investigated, and what remedies can be obtained for employment agency violations of the Act? | This document addresses when agencies qualify as covered "employment agencies" under Title VII and how investigators should investigate charges involving employment agencies. | 631: Employment Agencies; Appears after 631 | Title VII | Employment Agencies, Threshold Issues |
| 1990-08-29 | Policy Guidance: Circumstances Under Which the Award of Prejudgement Interest is Appropriate | This document addresses the circumstances in which prejudgment interest and liquidated damages may be awarded concurrently. | 801: Introduction (ADEA); Appears after Rescinded 801 | Title VII ADEA | Damages, Title VII, ADEA |
| 1990-08-29 | Policy Guidance: Circumstances under which the award of prejudgment interest is appropriate | This document addresses the circumstances in which prejudgment interest and liquidated damages may be awarded concurrently. | 801: Introduction (ADEA); Appears after Rescinded 801 | ADEA | Remedies, Age |
| 1990-08-14 | Policy Guidance: Provisions of the Americans with Disabilities Act of 1990: Summary of the Act and Responsibilities of the EEOC in Enforcing the Act's Prohibitions Against Discrimination in Employment on the Basis of Disability | This document addressed, shortly after the statute was passed and before case law was developed, coverage under the Americans with Disabilities Act. | 902: Definition of the Disability; Appears after Rescinded 902 | ADA Rehab Act | Disability |
| 1990-08-14 | Policy Guidance: Provisions of the ADA; Summary and EEOC Responsibilities in Enforcing Prohibitions Against Discrimination in Employment of the Basis of Disability | This document provides information on the major provisions of the ADA and explains the Commission's responsibilities to implement and enforce its employment provisions. | 902: Definition of Disability; Appears after Rescinded 902 | ADA | Disability |
| 1990-08-13 | Policy Guidance: Discussion of the legal standards governing the granting of preliminary relief under the ADEA and Title VII | This document concerns whether preliminary relief is appropriate under Title VII and the ADEA, and when preliminary relief should be sought. | 801: Introduction (ADEA); Appears after Rescinded 801 | Title VII ADEA | Remedies, Race, Color, Sex, National Origin, Religion, Age |
| 1990-08-10 | Policy Guidance: Veterans' Preference Under Title VII | This document addresses application of Title VII to employer preference programs for hiring veterans. | 604: Theories of Discrimination; Appears after Rescinded 604 | Title VII | Veterans, Race, Sex |
| 1990-05-11 | Policy Guidance: Cases involving the deduction of pension payments from back pay awards | This document addresses the evaluation and processing of cases involving involuntary retirement or termination, and also discusses whether it is permissible to offset backpay with pension benefits received by a terminated employee during the period covered | 801: Introduction (ADEA); Appears after Rescinded 801 | ADEA | Remedies, Employee Benefits, Age |
| 1990-02-15 | Compliance Manual: 631 Employment Agencies | This document addresses the circumstances under which employment agencies are engaged in employment relationships that brings them within the jurisdiction of Title VII. | 631: Employment Agencies | Title VII ADEA | Employment Agencies, Threshold Issues |
| 1989-12-05 | Policy Guidance: Analysis of the Sec 4(f)(1) "foreign laws" defense under the ADEA | This document addresses an employer's burden in establishing a section 4(f)(1) "foreign laws" defense under the ADEA. | 801: Introduction (ADEA); Appears after Rescinded 801 | ADEA | Threshold Issues, Extraterritorial Jurisdiction, Age |
| 1989-05-11 | Guidance on the Scope of Available Remedies Under the ADEA for a Violation Committed by a Labor Organization | This issuance provides guidance on the scope of remedies available against a labor organization that has committed a violation of the ADEA. | 801: Introduction (ADEA); Appears after Rescinded 801 | ADEA | Remedies, Age |
| 1989-05-01 | Policy Guidance: The Use of the National Security Exception Contained in Sec. 703(g) of Title VII | This document addresses the scope and application of Title VII’s statutory affirmative defense for employment decisions based on national security requirements. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII | Threshold Issues, National Security Exception |
| 1989-03-03 | Policy Guidance: Application of the ADEA and the EPA to American Firms Overseas, Their Overseas Subsidiaries, and Foreign Firms | This document addresses application of the ADEA and the EPA to cases alleging employment discrimination by an American firm's overseas operations; a foreign subsidiary of a foreign firm organized or incorporated under laws of the United States; a foreign | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | EPA ADEA | Threshold Issues; Extraterritorial Jurisdiction |
| 1989-01-02 | Compliance Manual: 619 Grooming Standards | This document addresses the application of EEO laws to employer rules regarding dress and grooming. | 619: Grooming Standards | Title VII | Grooming, Race, Sex, National Origin, Religion |
| 1989-01-02 | Compliance Manual: 612 Discharge/Discipline | This document instructs investigators how claims of discrimination involving workplace discipline or discharge may arise under different theories of discrimination | 612: Discharge/ Discipline | Title VII ADEA ADA GINA | Theories of Discrimination, Discharge/Discipline, Race, Color, Religion, National Origin, Sex, Age, Disability, Genetic Information |
| 1989-01-02 | Compliance Manual: 616 Seniority Systems | This document addresses when seniority systems are "bona fide" and thus protected under Title VII | 616: Seniority Systems | Title VII | Seniority Systems, Race, Sex, National Origin |
| 1988-10-25 | Policy Guidance: A determination of the appropriateness of front pay as a remedy under the Age Discrimination in Employment Act (ADEA) | This document addresses the position of the federal courts on front pay as a remedy under the ADEA and sets forth the Commission’s views on when an award of front pay is appropriate | 801: Introduction (ADEA); Appears after Rescinded 801 | ADEA | Remedies, Front Pay, Age |
| 1988-07-11 | Policy Statement: Whether an employer with which an employment agency or union deals must have fifteen or more employees in order for the agency or union to be covered by Title VII | This document addresses why an employment agency or union is covered by Title VII if it deals with employers with 15 or more employees even if, in a particular case, the employer has fewer than 15 employees. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII | Threshold Issues; Employment Agencies, Unions, and Title VII Coverage |
| 1988-05-16 | Policy Statement on Indian Preference under Title VII | This document addresses application of Title VII’s statutory provision authorizing certain preferential treatment for “an Indian living on or near a reservation” under 42 U.S.C. § 2000e-2(i). | 604: Theories of Discrimination; Appears after Rescinded 604 | Title VII | Native Americans, Race, National Origin |
| 1988-02-05 | Policy Statement: Differences in the payment of reimbursable expenses for travel | This document addresses the payment of reimbursable expenses for travel between men and women performing equal work | 701: Equal Pay Act Claims; Appears after 701 | EPA Title VII ADEA | Pay Discrimination, Travel Reimbursements |
| 1988-02-01 | Compliance Manual: 602 Evidence | This document provides charge processing and investigation instructions for investigators. | 602: Evidence | Title VII EPA ADEA ADA GINA | Charge Analysis, Investigation, Evidence |
| 1988-01-20 | Policy Statement: Specific Exemptions from coverage pursuant to sec. 9 of the Age Discrimination in Employment Act | This document addresses the exemptions from ADEA coverage for "Special Employment Plans." | 801: Introduction (ADEA); Appears after Rescinded 801 | ADEA | Age; Exemptions from Coverage |
| 1987-05-20 | Policy Statement: Control by third parties over the employment relationship between an individual and his/her direct employer | This document addresses how jurisdiction under the EEO laws is determined when individuals file charges alleging employment discrimination by respondents who are not their employers or prospective employers | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII EPA ADEA ADA GINA | Threshold Issues: Third Party Control Over Employment Relationships |
| 1986-12-15 | Policy Statement: Application of Title VII, The ADEA, and EPA to International Organizations | This document addresses cases alleging employment discrimination by public international organizations. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII ADEA EPA | Threshold Issues; Public International Organizations |
| 1986-05-08 | Policy Statement: Kremer v. Chemical Construction Corp., 486 U.S. 461, 28 EPD 32,674 (1982) (II) | This document addresses the effect of a prior state court judgment on the Commission's administrative process, where the charging party seeks relief not granted in the prior state court proceedings. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII ADEA EPA | Threshold Issues: Prior State Agency Decisions |
| 1986-04-02 | Policy Statement: Kremer v. Chemical Construction Corp, 456 U.S. 461 (1982) (I) | This document addresses the effect of a prior state court judgment on the Commission's administrative process, where the charging party seeks relief not granted in the prior state court proceedings. | 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2 | Title VII ADEA EPA | Threshold Issues; Prior State Agency Decisions |
| 1983-10-01 | Compliance Manual: 618 Segregating, Limiting, and Classifying Employees | This document addresses how the EEO statutes prohibit limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of the individual because of protected status. | 618: Segregating, Limiting, and Classifying Employees | Title VII | Segregating, Limiting, and Classifying Employees, Race, Sex, National Origin, Religion |
| 1983-03-01 | Compliance Manual: 621 Height & Weight Requirements | This 1983 document addresses the application of EEO laws to employer rules setting a maximum height and/or weight for particular jobs. | 621: Height and Weight Requirements | Title VII | Height and Weight Requirements |
| 1983-03-01 | Compliance Manual: 601 Introduction | The Compliance Manual interprets the laws administered and enforced by the Commission and provides substantive legal guidance on various issues arising under these laws, based on Commission policy and decisions, and on case law. It also serves as an investigative aid, providing guidance in analyzing and investigating allegations of unlawful employment discrimination in charges and complaints presented to the Commission. | 601: Introduction | Charge Analysis | |
| 1982-04-01 | Compliance Manual: 613 Terms, Conditions, And Privileges of Employment | This document provides guidance to EEOC investigators on what constitutes a "term, condition, or privilege" and how they may arise in employment discrimination claims | 613: Terms, Conditions, and Privileges of Employment | Title VII ADEA | Terms, Conditions, and Privileges of Employment |
| 1982-01-02 | Compliance Manual: 625 Bona Fide Occupational Qualifications | This document addresses the scope and application of Title VII’s statutory provision permitting assignments based on sex where a “bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” | 625: Bona Fide Occupational Qualifications | Title VII | Bona Fide Occupational Qualifications, Sex, National Origin, Religion |
| 1981-10-01 | Compliance Manual: 607 Affirmative Action | This document addresses the use of affirmative action and employer use of affirmative action plans under Title VII | 607: Affirmative Action | Title VII | Affirmative Action, Race, Sex, National Origin |
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