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Issues and Bases of Discrimination
Issues and Bases

    To make a valid claim of unlawful discrimination, each 'issue' must be link to a 'basis' or
    'bases.' If the bases are not articulated, your allegations will be dismissed for lack of
    jurisdiction.  If the issues are not articulated, your allegations will be dismissed for
    'failure to state a claim.'   The date of the issue will determine the timeliness or
    untimeliness of your complaint.

    "Issues" or "Acts of Harm": warning, reprimand, suspension, termination,
    removal, harassment, denied accommodation, denied promotion or hire, denied
    training, unequal wages, unequal monitoring, unfair evaluation, denied or
    unequal bonus, denied achievement award, unequal terms and conditions of
    employment, forced resignation, forced retirement, constructive discharge, forced
    transfer or detailing, etc.  (See  "constructive discharge" and removal in a  "mixed
    case.")

    Example: If you say: 'The issue in my case is discrimination,' you have not said
    anything.  You must say: 'I have been terminated or suspended or paid less
    based on my age/race/sex/etc.' in order to properly articulate your case.  Many
    allegations have been dismissed for 'failure to state a claim.'     

    When alleging harassment, you must identify each act of harassment by date,
    person, specific acts or words, and the circumstance.  'The devil is in the detail'
    when it comes to harassment allegations.  Allegations such as 'I was harassed'
    means nothing unless you state how, when, where, and by whom.

    "Bases" or the "Protected Classes": race, sex, age (40+), disability (ADA
    definition), color, ancestry, religion, ethnicity, national origin, and retaliation or
    reprisal.

    Example: If you say: 'I was terminated based on discrimination,' you have not
    alleged any discrimination yet.  You must say, 'I was terminated based on my
    race or age,' in order to make a valid discrimination claim.  

    Please link a date to each act of harm.  A fact must happen on a certain date; otherwise,
    it is not a fact.  Please be specific: specify name and job title of the person you are
    referring in your complaint.

    Do not write a complaint like a novel.  No one wants  to read a lengthy narrative.  When
    filing a claim, state the issues and bases clearly and succinctly.  You don't need to
    explain everything at this point other than to say that these acts of harm occurred to you
    because of your race/sex/age/prior EEO filing/etc. on a certain date and by a certain
    person.

    Discrimination complaint almost always must contain the comparisons, the similarly
    situated individuals under the same supervisor who did (or failed to do) as you did (or
    failed to do) but were not harmed (or disciplined) as you were.  Identify their class: race,
    age, sex, any known disability, any history of EEO activity, etc.


    Discrimination Based on a Place of Origin vs. Discrimination Based on a National
    Origin Group:

    If you are born in the United States and have Hispanic ethnic or cultural ancestry, do not
    claim National Origin (Hispanic) as the basis of discrimination but claim National Origin
    Group (Hispanic) or, better, Ethnicity (Hispanic) or Ancestry (Hispanic).   Because 1)
    you are not a foreigner.  Your national origin is USA.  You are not discriminated against
    based on a place of origin or birth.  Rather, you are discriminated against based on your
    Hispanic ethnicity, ancestry, or heritage.  2) EEOC ruled that as a 'national origin group'
    you can be unlawfully discriminated against based on your ethnicity or physical,
    linguistic, or cultural traits.  As such, American Indians, for another example, can claim a
    'national origin group' discrimination as well as any Americans whose parents or grand
    parents came from South or Central America or from Canada, for that matter, or anyone
    with Spanish accent.  See EEOC Compliance Manual, Section 13: National Origin
    Discrimination: http://www.eeoc.gov/policy/docs/national-origin.html#II.
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