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1-B | BASIS FOR FILING A CHARGE

A charging party who alleges retaliation under Title VII, the ADA, the ADEA, or the EPA need not also allege that he was treated differently because of race, religion, sex, national origin, age, or disability.6 A charging party who alleges retaliation in violation of the ADA need not be a qualified individual with a disability.7 Similarly, a charging party who alleges retaliation for protesting discrimination against persons in the protected age group need not be in the protected age group in order to bring an ADEA claim.8

A charging party can challenge retaliation by a respondent even if the retaliation occurred after their employment relationship ended.9 S/he can also challenge retaliation by a respondent based on his/her protected activity involving a different employer, or based on protected activity by someone closely related to or associated with the charging party.10

A charging party can bring an ADA retaliation claim against an individual supervisor, as well as an employer. This is because Section 503(a) of the ADA makes it unlawful for a "person" to retaliate against an individual for engaging in protected activity.11
Footnotes
6 Where it appears that a charging party's allegation of unlawful retaliation may also be subject to the jurisdiction of another federal agency or a state or local government, s/he should be referred promptly to the appropriate office. For example, if the charging party is covered by a collective bargaining agreement and is a member of the union, s/he should be referred to the NLRB to be counseled on unlawful retaliation under the National Labor Relations Act. Non-payment of overtime pay should be directed to the Department of Labor, Wage and Hour Division. The EEOC office should proceed with its investigation of allegations under its jurisdiction, and refer to any applicable memorandum of understanding or coordination rule with the agency that also has jurisdiction over the matter.
7 Krouse v. American Sterilizer, 126 F.3d 494(3d Cir. 1997).
8 Anderson v. Phillips Petroleum, 722 F. Supp. 668, 671-72(D. Kan. 1989).
9 See Section 8-II D.
10 See Sections 8-II B.3.C. and D. and 8-II C.3. and 4.
11 Ostrach v. Regents of University of California, 957 F. Supp. 196 (E.D. Ca. 1997) (individual can be sued for retaliation under section 503 of ADA).
Congratulations! You're now booked up on Item 1-B of Chapter 8: Retaliation from the EEOC's Compliance Manual!
You might need to reference it during your pursuit of justice.

For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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