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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.

National origin discrimination includes discrimination based on place of origin or on the physical, cultural, or linguistic characteristics of a national origin group.

Sometimes, national origin discrimination overlaps with race discrimination, and in such cases, the basis of discrimination can be categorized as both race and national origin. The Commission defines "religion" to include moral or ethical beliefs as to right and wrong that are sincerely held with the strength of traditional religious views.

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.

Specifically, the charge must allege a basis and an issue covered by the EEO statutes.

Title VII, the ADEA, and the ADA prohibit discrimination based on race, color, national origin, sex, religion, age, or disability in advertisements and recruitment related to employment, referral for employment, or apprenticeships or other training.For detailed guidance on the determination of whether an individual has engaged in protected activity, refer to Section 8: The investigator must determine whether a charge alleges discrimination pertaining to an issue covered by the EEO statutes.The range of issues covered by the EEO laws is very broad, and covers any matter related to an individual's employment.Advertisements also may not contain terms or phrases that would deter members of a particular class from applying.For example, a help-wanted advertisement that uses terms such as "young," "college student," or "recent college graduate" may deter individuals 40 or over from applying, and therefore would violate the ADEA.




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