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EEOC Guidance

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 In some instances, while an underlying CM section may have been superceded, documents that originally were filed behind or appended to a superceded document remain in force.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.

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Issue DateTitleSummaryCompliance Manual Section LawsTopics
2024-04-29Enforcement Guidance on Harassment in the WorkplaceThis 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 
2021-01-15New Compliance Manual: Section 12 Religious DiscriminationThis 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 DiscriminationTitle VIIReligion; Harassment, Reasonable Accommodation
2016-11-18Enforcement Guidance on National Origin DiscriminationThis 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 DiscriminationTitle VIINational Origin, Race, Harassment
2016-08-25Enforcement 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; RetaliationTitle VII
EPA
ADEA
ADA
GINA
PWFA
Retaliation
2015-06-25Enforcement Guidance on Pregnancy Discrimination and Related IssuesThis 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 2Title VII
ADA
Pregnancy, Sex, Disability
2012-04-25Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment DecisionsThis document addresses Title VII’s application to the use of arrest or conviction records in employment decisions.604: Theories of Discrimination; Appears after Rescinded 604Title VIITitle VII
2007-05-23Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving ResponsibilitiesThis document addresses unlawful disparate treatment under the federal EEO laws of workers with caregiving responsibilities. 615: Harassment; Appears after Superseded 615ADA
Title VII
Harassment: Sex-Based
2006-04-19New Compliance Manual: Section 15 Race and Color DiscriminationThis 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 DiscriminationTitle VIIRace, Color, National Origin
2002-10-17Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADAThis 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 902ADADisability
2000-12-22Enforcement Guidance on the Application of the ADA to Contingent Workers Placed by Temporary Agencies and Other Staffing FirmsThis 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 902ADA
Rehab Act
Disability; Disability Related Inquiries and Medical Exams
2000-12-05New Compliance Manual: Section 10 Compensation DiscriminationThis 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 DiscriminationTitle VII
EPA
ADEA
ADA
Pay Discrimination, Race, Color, Sex, Religion, National Origin, Age, Disability
2000-10-03New Compliance Manual: Section 3 Employee BenefitsThis 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 BenefitsTitle VII
EPA
ADEA
ADA
GINA
Employee Benefits, Race, Color, Religion, National Origin, Sex, Age, Disability, Genetic Information
2000-10-02Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable AccommodationThis 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 902Rehab ActDisability; Reasonable Accommodation
2000-07-26Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the ADAThis 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 902ADADisability, Disability-Related Inquiries and Medical Exams
2000-05-12Compliance Manual: Section 2 Threshold IssuesThis 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 IssuesTitle VII
EPA
ADEA
ADA
GINA
Threshold Issues
1997-12-03Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing FirmsThis 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 2Title VII
EPA
ADEA
ADA
GINA
Threshold Issues; Employment Agencies
1997-10-29Enforcement Guidance on Sex Discrimination in the Compensation of Sports Coaches in Educational InstitutionsThis document addresses the application of the Equal Pay Act and Title VII to sex discrimination in the compensation of sports coaches in educational institutions633: Wage Discrimination; Appears after 633EPA
Title VII
Pay Discrimination
1997-04-10Enforcement Guidance on non-waivable employee rights under EEOC enforced statutesThis 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 801Title VII
ADA
ADEA
EPA
Interference with EEOC Investigations, Race, Color, Sex, Religion, National Origin, Age
1997-03-25Enforcement Guidance on the ADA and Psychiatric DisabilitiesThis document addresses questions about rights and responsibilities regarding psychiatric disabilities and Title I of the ADA.902: Definition of Disability; Appears after Rescinded 902ADA
Rehab Act
Disability
1996-09-18Enforcement 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 801ADEAAge
1996-09-03Enforcement Guidance: Workers' Compensation and the ADAThis document addresses the interaction between Title I of the ADA and state workers’ compensation laws.902: Definition of Disability; Appears after Rescinded 902ADADisability; Workers Compensation
1996-05-22Enforcement Guidance: Whether "testers" can file charges and litigate claims of employment discriminationThis 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 2Title VII
ADA
ADEA
Rehab Act
Threshold Issues,Testers
1995-12-14Enforcement Guidance on After-Acquired Evidence and McKennon v. Nashville Banner Publishing CoThis 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 604Title VII
EPA
ADA
ADEA
GINA
EPA
Charge Analysis, Race, Color, Sex, National Origin, Religion, Age, Disability, Genetic Information
1995-10-10Enforcement Guidance: Preemployment Disability-Related Questions and Medical ExaminationsThis 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 902ADADisability, Disability-Related Inquiries and Medical Exams
1995-07-17Policy Statement: EEOC's Alternative Dispute Resolution PolicyThis 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 603Title VIIAlternative Dispute Resolution, Charge Processing
1993-10-23Enforcement Guidance on Application of Title VII and the ADAto Conduct Overseas and to Foreign Employers Discriminating in the United StatesThis 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 2ADA
Title VII
CRA of 1991
Threshold Issues, Extraterritorial Jurisdiction
1993-10-20Enforcement Guidance on Coverage of Federal Reserve BanksThis 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 801Title VII
EPA
ADEA
ADA
Rehab Act
Threshold Issues, Covered Employers
1993-06-08Interim Enforcement Guidance on the application of the ADA to disability-based distinctions in employer-provided health insuranceThis 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 902ADADisability, Insurance
1992-07-14Enforcement Guidance: Compensatory and Punitive Damages Available under sec 102 of the CRA of 1991This 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 603CRA of 1991Remedies, Race
1991-09-20Policy 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 631Title VIIEmployment Agencies, Threshold Issues
1990-08-29Policy Guidance: Circumstances Under Which the Award of Prejudgement Interest is AppropriateThis document addresses the circumstances in which prejudgment interest and liquidated damages may be awarded concurrently.801: Introduction (ADEA); Appears after Rescinded 801Title VII
ADEA
Damages, Title VII, ADEA
1990-08-29Policy Guidance: Circumstances under which the award of prejudgment interest is appropriateThis document addresses the circumstances in which prejudgment interest and liquidated damages may be awarded concurrently.801: Introduction (ADEA); Appears after Rescinded 801ADEARemedies, Age
1990-08-14Policy 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 DisabilityThis 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 902ADA
Rehab Act
Disability
1990-08-14Policy Guidance: Provisions of the ADA; Summary and EEOC Responsibilities in Enforcing Prohibitions Against Discrimination in Employment of the Basis of DisabilityThis 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 902ADADisability
1990-08-13Policy Guidance: Discussion of the legal standards governing the granting of preliminary relief under the ADEA and Title VIIThis 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 801Title VII
ADEA
Remedies, Race, Color, Sex, National Origin, Religion, Age
1990-08-10Policy Guidance: Veterans' Preference Under Title VIIThis document addresses application of Title VII to employer preference programs for hiring veterans.604: Theories of Discrimination; Appears after Rescinded 604Title VIIVeterans, Race, Sex
1990-05-11Policy Guidance: Cases involving the deduction of pension payments from back pay awardsThis 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 covered801: Introduction (ADEA); Appears after Rescinded 801ADEARemedies, Employee Benefits, Age
1990-02-15Compliance Manual: 631 Employment AgenciesThis document addresses the circumstances under which employment agencies are engaged in employment relationships that brings them within the jurisdiction of Title VII.631: Employment AgenciesTitle VII
ADEA
Employment Agencies, Threshold Issues
1989-12-05Policy Guidance: Analysis of the Sec 4(f)(1) "foreign laws" defense under the ADEAThis 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 801ADEAThreshold Issues, Extraterritorial Jurisdiction, Age 
1989-05-11Guidance on the Scope of Available Remedies Under the ADEA for a Violation Committed by a Labor OrganizationThis 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 801ADEARemedies, Age
1989-05-01Policy Guidance: The Use of the National Security Exception Contained in Sec. 703(g) of Title VIIThis 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 2Title VIIThreshold Issues, National Security Exception
1989-03-03Policy Guidance: Application of the ADEA and the EPA to American Firms Overseas, Their Overseas Subsidiaries, and Foreign FirmsThis 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 2EPA
ADEA
Threshold Issues; Extraterritorial Jurisdiction
1989-01-02Compliance Manual: 619 Grooming StandardsThis document addresses the application of EEO laws to employer rules regarding dress and grooming.619: Grooming StandardsTitle VIIGrooming, Race, Sex, National Origin, Religion
1989-01-02Compliance Manual: 612 Discharge/DisciplineThis document instructs investigators how claims of discrimination involving workplace discipline or discharge may arise under different theories of discrimination612: Discharge/ DisciplineTitle VII
ADEA
ADA
GINA
Theories of Discrimination, Discharge/Discipline, Race, Color, Religion, National Origin, Sex, Age, Disability, Genetic Information
1989-01-02Compliance Manual: 616 Seniority SystemsThis document addresses when seniority systems are "bona fide" and thus protected under Title VII616: Seniority SystemsTitle VIISeniority Systems, Race, Sex, National Origin
1988-10-25Policy 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 appropriate801: Introduction (ADEA); Appears after Rescinded 801ADEARemedies, Front Pay, Age
1988-07-11Policy 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 VIIThis 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 2Title VIIThreshold Issues; Employment Agencies, Unions, and Title VII Coverage
1988-05-16Policy Statement on Indian Preference under Title VIIThis 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 604Title VIINative Americans, Race, National Origin
1988-02-05Policy Statement: Differences in the payment of reimbursable expenses for travelThis document addresses the payment of reimbursable expenses for travel between men and women performing equal work701: Equal Pay Act Claims; Appears after 701EPA
Title VII
ADEA
Pay Discrimination, Travel Reimbursements
1988-02-01Compliance Manual: 602 EvidenceThis document provides charge processing and investigation instructions for investigators.602: EvidenceTitle VII
EPA
ADEA
ADA
GINA
Charge Analysis, Investigation, Evidence
1988-01-20Policy Statement: Specific Exemptions from coverage pursuant to sec. 9 of the Age Discrimination in Employment ActThis document addresses the exemptions from ADEA coverage for "Special Employment Plans."801: Introduction (ADEA); Appears after Rescinded 801ADEAAge; Exemptions from Coverage
1987-05-20Policy Statement: Control by third parties over the employment relationship between an individual and his/her direct employerThis 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 employers2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2Title VII
EPA
ADEA
ADA
GINA
Threshold Issues: Third Party Control Over Employment Relationships
1986-12-15Policy Statement: Application of Title VII, The ADEA, and EPA to International OrganizationsThis document addresses cases alleging employment discrimination by public international organizations. 2: New Compliance Manual Section 2: Threshold Issues; Appears after Section 2Title VII
ADEA
EPA  
Threshold Issues; Public International Organizations 
1986-05-08Policy 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 2Title VII
ADEA
EPA  
Threshold Issues: Prior State Agency Decisions
1986-04-02Policy 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 2Title VII
ADEA
EPA
Threshold Issues; Prior State Agency Decisions
1983-10-01Compliance Manual: 618 Segregating, Limiting, and Classifying EmployeesThis 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 EmployeesTitle VII Segregating, Limiting, and Classifying Employees, Race, Sex, National Origin, Religion
1983-03-01Compliance Manual: 621 Height & Weight RequirementsThis 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 RequirementsTitle VII Height and Weight Requirements
1983-03-01Compliance Manual: 601 IntroductionThe 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
1982-04-01Compliance Manual: 613 Terms, Conditions, And Privileges of EmploymentThis document provides guidance to EEOC investigators on what constitutes a "term, condition, or privilege" and how they may arise in employment discrimination claims613: Terms, Conditions, and Privileges of EmploymentTitle VII
ADEA 
Terms, Conditions, and Privileges of Employment
1982-01-02Compliance Manual: 625 Bona Fide Occupational QualificationsThis 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 QualificationsTitle VII Bona Fide Occupational Qualifications, Sex, National Origin, Religion
1981-10-01Compliance Manual: 607 Affirmative ActionThis document addresses the use of affirmative action and employer use of affirmative action plans under Title VII607: Affirmative ActionTitle VII Affirmative Action, Race, Sex, National Origin