Simone Lawson
Title VII of the Civil Rights Act of 1964 is a federal law in the United States that prohibits employment discrimination based on race, colour, religion, sex, or national origin. It also prohibits retaliation against employees or applicants who assert their legal rights, such as when an employee files a discrimination charge. Title VII is not a part of the US Constitution, which was ratified by the 13 states between 1787 and 1789, but it enforces the constitutional right to vote and protects citizens from discrimination in public accommodations.
| Characteristics | Values |
|---|---|
| Date | July 2, 1964 |
| Purpose | To enforce the constitutional right to vote, to prevent discrimination in public accommodations and in federally assisted programs, and to establish a Commission on Equal Employment Opportunity |
| Prohibitions | Employment discrimination based on race, color, religion, sex, or national origin |
| Retaliation | Prohibited against employees or applicants who assert their rights under the law, including when an employee files a discrimination charge |
| Negligence | Includes instances in which a co-worker gets an employee fired for discriminatory reasons and the employer knew or should have known of the intentions |
| Enforcement | Equal Employment Opportunity Commission |
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What You'll Learn
- Title VII prohibits employment discrimination based on race, colour, religion, sex, or national origin
- Title VII prevents employer retaliation against employees or applicants for asserting their rights under the law
- Title VII establishes the Equal Employment Opportunity Commission
- Title VII prohibits apparently neutral job policies that disproportionately impact protected groups
- Title VII prohibits negligence claims, where an employee is fired for discriminatory reasons
Title VII prohibits employment discrimination based on race, colour, religion, sex, or national origin
In the context of religion, discrimination involves treating a person (applicant or employee) unfavourably because of their religious beliefs or practices. The law protects those who belong to traditional, organized religions, as well as those with sincerely held religious, ethical, or moral beliefs. Employers must reasonably accommodate an employee's religious beliefs or practices, including schedule changes, leave for religious observances, and dress or grooming practices, unless doing so causes undue hardship for the employer.
Additionally, Title VII covers personnel actions affecting employees or applicants for employment in military departments, executive agencies, the United States Postal Service, the Postal Regulatory Commission, the judicial branch of the Federal Government, the Smithsonian Institution, and other government institutions.
To enforce these provisions, the EEOC can investigate complaints of discrimination, and take action against employers, labour organizations, employment agencies, or joint labour-management committees that are found to be in violation of Title VII.
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Title VII prevents employer retaliation against employees or applicants for asserting their rights under the law
Workplace retaliation can take many forms, some more subtle and covert than others. It can include adverse actions taken by an employer to punish an employee for engaging in protected activities, such as reporting unlawful or unethical behaviour, or for exercising their rights. Some examples of retaliation include receiving negative comments on employment reviews, being demoted or fired, being excluded from meetings, having your schedule altered with more undesirable shifts, and being denied vacation time requests.
Retaliation may also occur when an employee files a complaint, opposes an unlawful employment practice, testifies or assists in an employment rights proceeding, or otherwise asserts a statutory employment right. It is important to note that job applicants, as well as current and former employees, can be subject to retaliation.
Proving causation is often the most challenging part of a retaliation claim. Employees often rely on circumstantial evidence to connect the adverse employment action to their exercise of protected rights. Knowing the different forms of retaliation can help employees identify when they are being subjected to it and enable them to exercise their legal rights.
In addition to Title VII, other federal laws, such as the Americans with Disabilities Act and the Age Discrimination in Employment Act, also contain provisions prohibiting workplace retaliation. Furthermore, certain states, such as Connecticut and Kansas, have their own specific laws that offer additional protections against retaliation for their residents.
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Title VII establishes the Equal Employment Opportunity Commission
The EEOC has the power to review and evaluate all federal sector equal employment opportunity (EEO) efforts. This includes the authority to issue rules, regulations, and annual reviews and approvals of national and regional EEO plans. The EEOC also provides technical assistance and training regarding the laws and regulations it enforces.
In addition to its enforcement powers, the EEOC is responsible for reporting to Congress and the President on its actions, expenditures, and recommendations for further legislation. The EEOC is also responsible for adjudicating federal EEO complaints and overseeing federal programs required by Section 717 of Title VII and Section 501 of the Rehabilitation Act.
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Title VII prohibits apparently neutral job policies that disproportionately impact protected groups
For example, a neutral policy of soliciting applications only from sources where all the potential candidates are of the same race could be considered discriminatory. If an employer has a policy of hiring only applicants who belong to a private, all-white male country club, this would adversely affect minorities and women and would be considered a disparate impact. Similarly, a football league with a policy that prohibits women from holding decision-making positions would likely violate Title VII's prohibition against sex discrimination.
It is important to note that Title VII applies to all aspects of employment, including recruitment, hiring, promotion, termination, compensation, and other terms and conditions of employment. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII and ensuring that employers provide equal employment opportunities.
While Title VII prohibits discriminatory practices, an employer can defend itself against allegations of disparate impact if it can demonstrate that the policy is essential for job performance or is a business necessity.
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Title VII prohibits negligence claims, where an employee is fired for discriminatory reasons
Additionally, Title VII prohibits employers from taking adverse employment actions against employees or applicants based on protected characteristics such as race, colour, religion, sex, and national origin. This includes firing, refusing to hire, demoting, or refusing to promote an individual because of these characteristics.
It is important to note that Title VII has been amended over the years, with significant amendments introduced by the Civil Rights Act of 1991 and the Lilly Ledbetter Fair Pay Act of 2009. Furthermore, while Title VII prohibits unlawful discrimination, most jobs in the US are considered "at-will employment," meaning employers can generally fire employees for any reason that is not illegal.
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Frequently asked questions
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, colour, religion, sex, or national origin. It also prohibits retaliation against employees or applicants who assert their legal rights, such as filing a discrimination charge.
No, Title VII is not a part of the US Constitution. The US Constitution refers to the supreme law of the United States of America, which was ratified by 13 states between December 7, 1787, and May 29, 1790.
The purpose of Title VII is to enforce constitutional rights, prevent discrimination in federally assisted programs, and establish a Commission on Equal Employment Opportunity. It also provides for the enforcement of these provisions and the annual review and approval of equal employment opportunity plans.
