Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., as amended
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Title VII prohibits employment discrimination on the basis of race, color, national origin, religion or sex.
Here are answers to some frequently asked questions about Title VII:
WHAT IS TITLE VII?
Title VII is a federal law that prohibits employers and other covered entities from discriminating against an employee or job applicant because of the person's race, color, religion, sex or national origin. The Pregnancy Discrimination Act is incorporated into Title VII. Title VII also protects against retaliation and requires employers to make reasonable accommodations for religion.
WHAT TYPE OF EMPLOYER ACTS ARE ILLEGAL UNDER TITLE VII?
Title VII protects employees and applicants from discrimination in all terms, conditions or privileges of employment. For example, it is illegal to engage in sexual harassment or to harass an employee based on any other protected category, such as race, religion, or national origin. It is also illegal to discriminate in hiring, job advertisements, recruitment practices, tests, assignments, training opportunities, promotions, pay, benefits, discipline, discharge, employment referrals, breaks, leave, perks, or other terms, conditions or privileges of employment.
Title VII's general prohibition follows:
(a) Employer practices.It shall be an unlawful employment practice for an employer -(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
(b) Employment agency practices.
It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.(c) Labor organization practices.
It shall be an unlawful employment practice for a labor organization-(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;
(2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.
Pregnancy Discrimination
This Pregnancy Discrimination Act of 1978 (PDA) amends Title VII to expressly prohibit employment discrimination on the basis of pregnancy, childbirth, or a related medical condition as follows:
The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work . . ..
WHICH ENTITIES MUST COMPLY WITH TITLE VII?
In general, Title VII applies to federal, state, local agencies and private employers with 15 or more employees; employment agencies; and labor organizations. Title VII generally does not apply to Indian Tribes, private-membership clubs, or religious organizations.
WHO IS PROTECTED BY TITLE VII?
Title VII protects employees and applicants of covered entities, including citizens of the United States employed in foreign countries by covered entities. Title VII does not cover independent contractors or certain political officials.
HOW DOES AN EMPLOYEE OR APPLICANT FILE A TITLE VII CLAIM?
In general, a charge must be filed with the Equal Employment Opportunity Commission (“EEOC”) within 180 days after the alleged unlawful employment practice occurred. 42 U.S.C. § 2000e-5(e) (1). Under certain circumstances in “deferral” jurisdictions, the time period may be extended to allow an EEOC charge to be filed: (a) within 300 days after the alleged unlawful employment practice occurred; or (b) within 30 days after the individual receives notice that the state or local agency has terminated the proceedings under the State or local law, whichever is earlier.
Federal Employees and Applicants
While federal employees enjoy rights similar to non-federal employees, the procedures for enforcing such rights differ. Claims against the Federal Government must be initiated with the appropriate EEO Counselor within 45 days of the employment practice.
HOW DOES AN EMPLOYEE OR APPLICANT PROVE EMPLOYMENT DISCRIMINATION UNDER TITLE VII?
The main theories for Title VII claims are disparate treatment, disparate impact, denial of reasonable accommodation, and retaliation.
Disparate Treatment
In a “disparate treatment” claim, the employee or applicant (plaintiff) alleges that he or she suffered intentional discrimination because of the plaintiff’s protected status (i.e., race, color, religion, sex or national origin).
Disparate (Adverse) Impact
A disparate impact claim alleges that an employer’s neutral policy or practice, which is non-discriminatory on its face, adversely impacts a protected class.
Section 703, 42 U.S.C. § 2000e-2(k) (1) (A) explains the burden of proof in disparate impact cases as follows:
An unlawful employment practice based on disparate impact is established under this subchapter only if-(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or(ii) the complaining party makes [a] demonstration. . . with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.
Denial of Reasonable Accommodation
An employer who fails to provide a reasonable accommodation for an employee’s religious observances or practices is subject to Title VII liability unless the reasonable accommodation would impose an undue hardship on the employer’s business.
Retaliation
To establish a retaliation claim under Title VII, the employee must show that he or she suffered an adverse action that occurred because the employee “opposed” an unlawful employment practice or “participated” in an employment discrimination investigation or proceeding.
Section 704, 42 U.S.C. § 2000e-3(a) provides as follows:
It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency . . . to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
WHAT MONEY AND OTHER RELIEF CAN AN EMPLOYEE RECOVER UNDER TITLE VII?
In general, an employee who prevails on a Title VII employment discrimination claim is entitled to be made whole for the employment discrimination. For example, a person who prevails in an intentional discrimination case may be entitled to an injunction to stop the employer from continuing to discriminate; reinstatement (with or without back pay); front pay; other equitable relief; compensatory damages to compensate the employee for out-of-pocket pecuniary losses and emotional harm; punitive damages designed as punishment; attorney’s fees; expert fees; and costs.
There are several limits on potential damages in Title VII cases. In addition to monetary caps on damage awards, punitive damages are available only if the employee demonstrates that the employer acted with malice or reckless indifference to the employee's federally protected rights.
Punitive damages may not be awarded against a federal, state or local government, government agency, or political subdivision.
In "mixed-motive" cases, where the employee proves a Title VII violation, but the employer shows that it would have taken the same action even in the absence of the illegal motivating factor, damages are limited to declaratory relief, injunctive relief, costs, and attorney’s fees. Reinstatement, hiring, promotion and monetary payments are not available to prevailing plaintiffs in mixed-motive cases.
IMPORTANT:
This article is not and should not be construed as legal advice. Under no circumstances should anything in this article be used as a substitute for obtaining legal advice for a specific legal question
If you need a lawyer to advise or represent you or your company in a Title VII or other employment discrimination lawsuit, you are welcome to call Searcy Law Offices, LLC at 703-644-4122 to learn how we can help you.
