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         Age Discrimination Us Fed Gov:     more detail

1. Facts About Federal Sector Equal Employment Opportunity Complaint Processing Reg
The us Equal Employment Opportunity Commission. PROTECTION FROM discrimination. onthe bases of race, color, religion, sex, national origin, disability, or age.
The U.S. Equal Employment Opportunity Commission
Facts About Federal Sector Equal Employment Opportunity Complaint Processing Regulations (29 CFR Part 1614)
The statutes enforced by EEOC make it illegal to discriminate against employees or applicants for employment on the bases of race, color, religion, sex, national origin, disability, or age. A person who files a complaint or participates in an investigation of an EEO complaint, or who opposes an employment practice made illegal under any of the statutes enforced by EEOC, is protected from retaliation. In addition to laws that EEOC enforces, there are federal protections from discrimination on other bases including sexual orientation, status as a parent, marital status, political affiliation, and conduct that does not adversely affect the performance of the employee.
EEOC's policy is to seek full and effective relief for each and every victim of discrimination. The remedies may include:
  • posting a notice to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation; corrective or preventive actions taken to cure or correct the source of the identified discrimination;

help to prevent discrimination and move us closer to 202) 6637014 By E-Mail sex,and national origin; the age discrimination in Employment
The U.S. Equal Employment Opportunity Commission FOR IMMEDIATE RELEASE CONTACT: Reginald Welch Monday, December 18, 2000 David Grinberg (202) 663-4900 TTY: (202) 663-4494
2001 Courses Available Nationwide for New and Current EEO Counselors and Investigators WASHINGTON The U.S. Equal Employment Opportunity Commission (EEOC) today announced a national series of comprehensive federal sector training courses for new EEO counselors and investigators in the federal sector, as well as refresher courses for those already on the job. The training program is part of EEOC's broader efforts to improve the federal sector complaint process by making it more efficient, expedient, and fairer for employees and agencies alike. "EEOC is committed to providing the highest quality training to our federal sector stakeholders in order to enhance customer service and resolve disputes quickly and fairly," said Commission Chairwoman Ida L. Castro. "Ensuring that agency counselors and investigators are adequately trained in all aspects of the EEO complaint process will help to prevent discrimination and move us closer to the goal of creating a model federal workplace." Training sessions for new EEO counselors and investigators will last four-and-one-half days and cover wide-ranging topics, including the revised federal sector 1614 regulations, EEO laws, theories of discrimination, investigative and counseling techniques, and alternative dispute resolution. These courses are also structured to provide participants with hands-on training in interviewing and other techniques through role-playing. Refresher courses, lasting a single day, for current EEO counselors and investigators will cover the latest information and updates on EEO laws, regulations, policies, and procedures.

3. New Developments - August 2000
003123, (fed. Cir., May 15, 2000). COMPENSATORY DAMageS. v. Green 411 us 792 (1973),Reeves first made a prima facie case of age discrimination and then
Select Issue
January '01

August '00

March '00


United States
Office of
Personnel Management New Developments in Employee
and Labor Relations August 2000
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The administrative judge dismissed as untimely the appeal claiming that the Office of Personnel Management (OPM) had applied an improper employment practice to appellant in rating him under the administrative law judge examination. Upon review, the Board disagreed. Extrapolating from case law in other kinds of appeals, it found the appellant had put OPM on notice that he believed the examination was biased, and OPM's failure to give him notice of appeal rights under those circumstances excused his late filing. O'Leary v. OPM , AT300A980635-I-1, May 16, 2000.
OPM'S Recognition ceremony and reception for outstanding Alternative Dispute Resolution Programs. On October 5, OPM will hold a public recognition ceremony honoring recipients of the 2000 OPM Director's Award for Outstanding ADR Programs followed by a reception for all attendees.
The ceremony will take place at the U.S. Office of Personnel Management, Alan K. Campbell Auditorium, 1900 E Street, N.W., Washington, D.C. The reception will immediately follow in Room 1350.

4. Workforce & Aging
age discrimination in the Workplace A 2001 Survey of Utah Residents age 40+ (Public usForestry Service http//
Home Quick Index Site Index Press Room ...

The Center for Communication and Consumer Services
Your Source for Information on Aging
Eldercare Locator
- (800) 677-1116 - to find local services for older Americans
Aging Internet Information Notes
Note Below
(See Also: Pension Benefit s and Ageism
Public policy interest in and issues about older workers are often cyclical, dependent in part upon the health of the economy, the employment rate and retirement benefits. At the level of the individual, issues are more basic such as the security and benefits of employment and self-employment, the ability to maintain technical competence in a changing workplace, and the affordability of retirement. Age discrimination continues to be a major issue, but given recognition of government prohibition and oversight of its practice, it is sometimes difficult to uncover and eliminate. The links on this page begin with a new national study on the future of the older worker, followed by statistics, information on age discrimination, federal programs, articles, older worker programs supported by the U.S. Department of Labor, and other programs and services. Consumer Information
Age Discrimination in Employment

Federal Older Worker Programs

National Title V Program Contractors
Articles on Employment and Benefits
Consumer Information Myths About Older Workers [AARP]
(Wisconsin Department of Workforce Development)

5. Ask Jeeves: Search Results For "Equal Employment Opportunity Commission"
sex, or national origin; the age discrimination in Employment the EEOC Facts AboutEmployment discrimination us Equal Employment Employment Opportunit

6. Bauer V. United States Enrichment Corp., 2001-ERA-9 (ALJ Apr. 23, 2001)
Act for sexual harassment, sex discrimination, or age discrimination. with the AdministrativeReview Board, us Department of and 24.9, as amended by 63 fed.
U.S. Department of Labor Office of Administrative Law Judges [skip navigational links] Search: Advanced Search A-Z Index Find It! on DOL OALJ Home ... Printer Friendly Version April 3, 2003 DOL Home OALJ Home USDOL/OALJ Reporter Bauer v. United States Enrichment Corp. , 2001-ERA-9 (ALJ Apr. 23, 2001) U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
(513) 684-6108 (FAX) Issue date: 23Apr2001
Case No: 2001-ERA-0009 In the Matter of NITA BAUER
Administrative Law Judge RECOMMENDED DECISION AND ORDER GRANTING SUMMARY DECISION This proceeding arises under the Energy Reorganization Act of 1974 ("ERA"), 42 U.S.C. §§ 5801-5891 and the regulations promulgated thereunder at 29 C.F.R. Part 24 which are employee protective provisions of the ERA or of the Atomic Energy Act of 1954 as amended, 42 U.S.C. § 2011, et seq . The Secretary of labor is empowered to investigate and determine "whistleblower" complaints filed by employees at facilities licensed by the Nuclear Regulatory Commission ("NRC") who are allegedly discharged or otherwise discriminated against with regard to their terms and conditions of employment for taking any action relating to the fulfillment of safety or other requirements established by the NRC. This matter is presently before me on Respondent's Motion for Summary Decision with briefs filed by both parties.

7. USDOL/Office Of Administrative Law Judges Law Library - Statutory And Regulatory
Proposal for implementing the age discrimination Act of 1975 federal Register NoticeFinal Rule, 59 fed. us Department of Labor Office of Administrative Law
U.S. Department of Labor Office of Administrative Law Judges [skip navigational links] Search: Advanced Search A-Z Index April 3, 2003 DOL OALJ Home WIA/JTPA Collection USDOL/OALJ Law Library
WIA and JTPA Statute and Regulation Index STATUTES Workforce Investment Act of 1998," PL 105-220 (Aug. 7, 1998) 1. Enacted August 7, 1998 to replace the JTPA and is codified at 29 U.S.C. 2911 et seq.
2. 29 C.F.R. Part 37 (non-discrimination regulations); 20 C.F.R. Parts 661-671 (implementing regulations) The hearing procedures for most proceedings are located at 20 C.F.R. 667.800-667.860 The text of the WIA is found at the ETA List of Statutes and Regulations Job Training Partnership Act 1. Enacted in 1982 and codified at 29 U.S.C. 1501 et seq. (repealed in 1998; replaced by WIA)
2. 29 C.F.R. Part 34 (non-discrimination regulations); 20 C.F.R. Parts 626-631 and 638 (implementing regulations) Comprehensive Employment and Training Act Enacted in 1973 and codified at 29 U.S.C. 801 et seq. (repealed in 1982, to be replaced by JTPA) REGULATIONS WIN Regulations

or national origin; the age discrimination in Employment prohibitions against employmentdiscrimination affecting individuals District Office us Postal Service
1801 L Street, NW
Washington, DC 20507 Cari M. Dominquez, Chair
Toll Free: 1 (800) 669-3362 or 1 (800) 669-4000
Internet: EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against qualified individuals with disabilities in the private sector and State and local governments; prohibitions against employment discrimination affecting individuals with disabilities in the Federal Government; and sections of the Civil Rights Act of 1991. Geographic area(s) served: United States and territories Regional office(s):
EEOC, Albuquerque District Office

505 Marquette Street, NW, Suite 900
Albuquerque, NM 87102
Tel: (505) 248-5201
Fax: (505) 248-5233 EEOC, Atlanta District Office

9. FirstGov Affiliate Registration - Introduction And Disclaimer
such as civil rights, gender or age discrimination; illegal activities of CitizenServices and Communications, us General Services Call 1800-fed-INFO (1-800-333

10. Press Releases
issues ranging from sexual harassment to race and age discrimination. civil and constitutionalrights for all us citizens fax 202228-2186 BHW fed.
Home Table of Contents Calendar Issues ... Fellowships Grants Awards Note: use the Back key on your browser to return to the previous page on the website.
Press Releases/Spotlight Articles
GET THE FACTS 12/12/02

During the final hours of the lame-duck session of the 107th Congress, the U.S. Senate confirmed two of President Bush's most controversial and conservative federal judicial nomineesMichael McConnell to the 10th U.S. Circuit Court of Appeals (Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming), and Dennis Shedd to the 4th U.S. Circuit Court of Appeals (North Carolina, South Carolina, Virginia, West Virginia, and Maryland).
Michael McConnell's written and activist record of hostility to civil rights, reproductive rights, and the separation of church and state threatens equity for all women and girls, as well as the rights of all Americans.
Dennis Shedd's 11-year record as a federal district court judge reflects hostility toward plaintiffs in civil rights cases, a desire to limit authority to enact legislation that is applicable to states, and insensitivity to issues of gender.

11. Websites - Employer Guide
fed Contract Compliance http// http// ieprovide safety, wage and agediscrimination information) must be
Web Sites- Employer Guide ADA This website contains copies of the Americans with Disabilities Act of 1990 (ADA), ADA regulations, technical assistance manuals and other technical assistance documents.
Alien Certification The Foreign Labor Certification home page with an explanation of the program and instructions about how to request a foreign labor certification. One line forms are also available.
AJB The America's Job Bank computerized network links state Employment Service offices to provide employers and job seekers rapid, national exposure for job openings at no charge.
ATB America's Talent Bank is a nationwide electronic resume system. Job seekers enter resumes into this national network, which is then searched by employers for workers who meet their needs. Supported by the Dept. of Labor, ATB is a product of state employment service agencies.

12. The us Equal Employment in the same establishment fromsexbased wage discrimination; * the age discrimination in Employment
>From the web page The U.S. Equal Employment Opportunity Commission Federal Laws Prohibiting Job Discrimination Questions And Answers Federal Equal Employment Opportunity (EEO) Laws I. What Are the Federal Laws Prohibiting Job Discrimination? * Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin; * the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination; * the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older; * Title I of the Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments; * Section 501 of the Rehabilitation Act of 1973, which prohibits discrimination against qualified individuals with disabilities who work in the federal government; and * the Civil Rights Act of 1991, which provides monetary damages in cases of intentional employment discrimination. The Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies. Discriminatory Practices II. What Discriminatory Practices Are Prohibited by These Laws? Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including: * hiring and firing; * compensation, assignment, or classification of employees; * transfer, promotion, layoff, or recall; * job advertisements; * recruitment; * testing; * use of company facilities; * training and apprenticeship programs; * fringe benefits; * pay, retirement plans, and disability leave; or * other terms and conditions of employment. Discriminatory practices under these laws also include: * harassment on the basis of race, color, religion, sex, national origin, disability, or age; * retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices; * employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and * denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group. Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. III. What Other Practices Are Discriminatory Under These Laws? Title VII Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex. National Origin Discrimination * It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. * A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting the business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule. The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA. Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers). Religious Accommodation * An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship. Sex Discrimination Title VII's broad prohibitions against sex discrimination specifically cover: * Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.) * Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions. Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. For information on the FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division is listed in most telephone directories under U.S. Government, Department of Labor. Age Discrimination in Employment Act (ADEA) The ADEA's broad ban against age discrimination also specifically prohibits: * statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ); * discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and * denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers. Equal Pay Act (EPA) The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions. Note that: * Employers may not reduce wages of either sex to equalize pay between men and women. * A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex. * A violation may also occur where a labor union causes the employer to violate the law. Title I of the Americans with Disabilities Act (ADA) The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination: Individual with a Disability An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working. Qualified Individual with a Disability A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position. Reasonable Accommodation Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids. Undue Hardship An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation. Prohibited Inquiries and Examinations Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity. Drug and Alcohol Use Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA, when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees. The Civil Rights Act of 1991 The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach activities. Employers And Other Entities Covered By EEO Laws IV. Which Employers and Other Entities Are Covered by These Laws? Title VII and the ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations. The EPA covers all employees who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act. Title VII, the ADEA, and the EPA also cover the federal government. In addition, the federal government is covered by Section 501 of the Rehabilitation Act of 1973, as amended, which incorporates the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred. The EEOC'S Charge Processing Procedures V. Who Can File a Charge of Discrimination? * Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the EEOC. * In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. VI. How Is a Charge of Discrimination Filed? * A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge. * Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made. VII. What Information Must Be Provided to File a Charge? * The complaining party's name, address, and telephone number; * The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known; * A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and * The date(s) of the alleged violation(s). VIII. What Are the Time Limits for Filing a Charge of Discrimination? All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed: * A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. * This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days. * These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated. * To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected. IX. What Agency Handles a Charge That Is Also Covered by State or Local Law? Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. The EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," the EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law. * If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling. * If a charge is filed with the EEOC and also is covered by state or local law, the EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling. X. What Happens After a Charge Is Filed With the EEOC? The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled: * A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred. * EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues. * In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate. * The charge may be selected for EEOC's mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation. * A charge may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of the law. A charge may be dismissed at the time it is filed, if an initial in-depth interview does not produce evidence to support the claim. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf. XI. How Does EEOC Resolve Discrimination Charges? * If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. * If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination. * If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored. * If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions. XII. When Can an Individual File an Employment Discrimination Lawsuit in Court? A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge. Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage. XIII. What Remedies Are Available When Discrimination Is Found? The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include: * back pay, * hiring, * promotion, * reinstatement, * front pay, * reasonable accommodation, or * other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination). Remedies also may include payment of: * attorneys' fees, * expert witness fees, and * court costs. Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against state or local governments. In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case. The Commission XIV. What Is the EEOC and How Does It Operate? EEOC is an independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964. The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered terms; the General Counsel's term is four years. The President designates a Chairman and a Vice-Chairman. The Chairman is the chief executive officer of the Commission. The Commission has authority to establish equal employment policy and to approve litigation. The General Counsel is responsible for conducting litigation. EEOC carries out its enforcement, education and technical assistance activities through 50 field offices serving every part of the nation. The nearest EEOC field office may be contacted by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY). Information And Assistance Available From EEOC XV. What Information and Other Assistance Is Available from EEOC? EEOC provides a range of informational materials and assistance to individuals and entities with rights and responsibilities under EEOC-enforced laws. Most materials and assistance are provided to the public at no cost. Additional specialized training and technical assistance are provided on a fee basis under the auspices of the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992. For information on educational and other assistance available, contact the nearest EEOC office by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY). Publications available at no cost include posters advising employees of their EEO rights, and pamphlets, manuals, fact sheets, and enforcement guidance on laws enforced by the Commission. For a list of EEOC publications, or to order publications, write, call, or fax: U.S. Equal Employment Opportunity Commission Publications Distribution Center P.O. Box 12549 Cincinnati, Ohio 45212-0549 1-800-669-3362 (voice) 1-800-800-3302 (TTY) 513-489-8692 (fax) Telephone operators are available to take orders (in English or Spanish) from 8:30 a.m. to 5:00 p.m. (EST), Monday through Friday. Orders generally are mailed within 48 hours after receipt. Information about the EEOC and the laws it enforces also can be found at the following internet address: This pamphlet is available in braille, large print, audiotape, and electronic file on computer disk. Other EEOC publications are available in accessible formats on request. Requests to obtain accessible formats should be directed to the Publications Distribution Center. This page was last modified on December 10, 1998. End of Document

13. Caterpillars Of Pacific Northwest
A field guide to caterpillars commonly found in forests and woodlands of the Pacific Northwest, usA, Category Science Biology Arthropoda Insecta Lepidoptera...... at http// usDA prohibits discrimination onthe basis of race national origin, sex, religion, age, disability, political
Caterpillars of Pacific Northwest Forests and Woodlands
by Jeffrey C. Miller
Insects are notably abundant in a wide variety of habitats. The moths and butterflies (Lepidoptera), in particular, are obvious in addition to being well represented among the total number of insects from a given site. The caterpillar is the actively feeding immature stage of moths and butterflies and is perhaps less obvious at first glance but can be abundant on certain plants at certain times of the year. In addition to being abundant, caterpillars are diverse in the number of species present, their appearance, behavior, and life cycle requirements. This booklet is a field guide with keys to the identification of caterpillars commonly found in forests and woodlands of the Pacific Northwest. It contains a brief section on the natural history of caterpillars and describes variations in morphology, color, and pattern that are used to identify caterpillars. It also provides details on how to collect and rear caterpillars, and how to photograph and preserve specimens. Included are a section on nomenclature and a description of the families most commonly found in the Pacific Northwest. The Pacific Northwest, as considered here, consists of Oregon, Washington, and Idaho. This region contains numerous mountain ranges, part of the Great Basin, the Columbia River Basin, part of the Snake River, the Puget Sound, and the Willamette Valley. The vegetation in this region is diverse, including a flora adapted to coastal, desert, and alpine environments. The dominant forest tree is Douglas-fir, with ponderosa pine and lodgepole pine also prevalent. Caterpillars that feed on the understory vegetation of these forests are the focus.

14. 52:1354(127)AR - - NTEU Chapter 168 And Treasury, U.S. Customs Service, New Orle
burdens in an age discrimination case, it could find no Department of Army, 997F.2d 1466, 1469 (fed. denied, 510 us 1091 (1994), acknowledged that the WPA
The decision of the Authority follows: 52 FLRA No. 127 FEDERAL LABOR RELATIONS AUTHORITY WASHINGTON, D.C. NATIONAL TREASURY EMPLOYEES UNION CHAPTER 168 (Union) and U.S. DEPARTMENT OF THE TREASURY U.S. CUSTOMS SERVICE NEW ORLEANS DISTRICT (Agency) 0-AR-2751 DECISION April 30, 1997 Before the Authority: Phyllis N. Segal, Chair; and Donald S. Wasserman, Member.
I. Statement of the Case
This matter is before the Authority on exceptions to an award of Arbitrator Stephen L. Hayford filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency did not file an opposition to the Union's exceptions. The Arbitrator sustained, in part, a grievance alleging that the Grievant's involuntary reassignment from Lake Charles, Louisiana to New Orleans was disciplinary and not implemented in accordance with the parties' collective bargaining agreement. As a remedy, he directed that the reassignment be rescinded and any record of the action be expunged. The Arbitrator denied the remainder of the grievance, including, as relevant here, claims that the Grievant was reassigned in retaliation for a sexual harassment complaint and whistleblower complaints filed by the Grievant against his immediate supervisor. For the following reasons, we conclude that the Union has failed to establish that the award is deficient under section 7122(a) of the Statute. Accordingly, we deny the Union's exceptions.

15. GAIL REYNOLDS, ) ) ) Plaintiff, ) ) CIVIL ACTION V. ) ) No. 02-
29, 1990) (pursuant to Rule 36, fed. Coin Caterers Corp., 517 us 308, 31112 (1996).In order to set forth a prima facie showing of age discrimination in hiring
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS GAIL REYNOLDS, Plaintiff, CIVIL ACTION v. No. 02-2039-KHV DELMAR GARDENS OF LENEXA, INC., d/b/a Garden Villas of Lenexa, Defendant. MEMORANDUM AND ORDER Plaintiff brings age discrimination claims against Delmar Gardens of Lenexa, Inc., doing business as Garden Villas of Lenexa, under the Age Discrimination in Employment Act of 1967 (the " ADEA"), 29 U.S.C. § 621 et seq. This matter comes before the Court on Defendant's Motion For Summary Judgment (Doc. #24) filed August 30, 2002, which plaintiff has not opposed. Pursuant to D. Kan. Rule 7.4, "[i]f a respondent fails to file a response within the time required . . . the motion will be considered and decided as an uncontested motion, and ordinarily will be granted without further notice." When deciding whether to enter summary judgment against a non-responding party, however, Rule 56(e), Fed. R. Civ. P., requires the Court to determine whether the undisputed facts entitle defendant to summary judgment as a matter of law. See Reed v. Bennett

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17. Age Discrimination Bill OK'd By Legislature - 2002-08-15 - Silicon Valley/San Jo
August 15, 2002. age discrimination bill OK'd by Legislature measure now goes to gov. Gray Davis, who has not Inc. All rights reserved. Contact us at
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18. Links - General
an overview of the 1967 age discrimination in Employment provides access to variousagerelated information the Humanities http// NEH provides
general grant funding government education retirement ... instate AARP Internet Resource Guide

This is the homepage for the AARP guide to age-related sites on the Internet. Included are links to numerous listservs, websites, e-zines, and more. Age Discrimination

This site offers a brief description of age discrimination and its influences upon the older population. The site also includes an overview of the 1967 Age Discrimination in Employment Act. AgeInfo

AgeInfo is a searchable database where one can find bibliographic information on age-related books and articles, world-wide organizations dealing with aging, or dates and locations of upcoming international events in aging. Age Net

This site provides links to information regarding geriatric health, medication management, useful products, and caregiver support. Additionally, the site provides the researcher with access to legal and financial advice/information, as well as provides information regarding insurance for older adults. Anti-Fraud and Abuse Activities

19. Focus Spring 2001 Page 9
age discrimination issues and statistics/case studies concerning older until her deathat age 101 Site Index Publications Home Contact us Privacy Policy
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Fed Older Worker League, an Employee Formed Organization, Addresses
the Issues of Growing Numbers of Older Federal Employees
The Fed Older Worker League (Fed OWL) is a voluntary non-labor organization which targets issues of interest to all Federal employees but with an emphasis on issues impacting people who are forty or over. Membership is free and currently includes approximately 3,000 Federal employees from 12 different departments and agencies across the U.S. The organization’s membership is open to all individuals, regardless of age, race, color, religion, sex, national origin, or sexual orientation. Fed OWL Co-Founder and President, Alan Lewis, established the organization in March 1999. As a Federal employee, Alan felt, as did other colleagues, that there was an increased need for awareness among management and employees about issues impacting older employees. "I felt that the many issues that impact older Americans were not being addressed in the workplace: long term health care; elder care; life-long learning; continued opportunity to work in a non-hostile environment; and discrimination based on age. Employees needed to understand that these issues impact them so they can be supportive," said Alan. Alan was also concerned about what he called "a lack of inclusion." Instead of investing in the development of older workers, he felt the full focus was on recruiting younger workers. "We should be full partners in the new millennium. The continued opportunities for training, awards, promotions, and management positions should be just as plentiful for older employees," Alan said. "I also saw a lack of sensitivity in agencies about the value in retaining older workers. There is a need to challenge negative misconceptions about older workers."

20. OCR Reading Room
Nondiscrimination on the basis of disability in National Origin, Disability, Sex,and age Under the Norma V. Cantú, Assistant Secretary, us Department of
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Documents posted in this reading room were published in the Federal Register, or were otherwise made available to the public. Policy and legal interpretations announced in these materials may have been superceded or modified by federal court decisions or by later interpretations of the legal requirements involved. Placement of the document in the reading room does not reflect its importance relative to other OCR documents or to court decisions. The list of OCR documents currently available is not all-inclusive Some documents are not currently available from this web page but may be requested where either of these icons appears. There is no charge for single copies. Please include your mail address in the request. Other OCR documents that are not currently posted on our web page may be requested using Department of Education Freedom Of Information Act (FOIA) request procedures
Publications - General
  • OCR Annual Report To Congress (2000) . This report anecdotally describes the human and education impact of OCR's compliance, enforcement, and technical assistance activities in our cases of alleged discrimination. The annual report for years

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