Simone Lawson
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on certain specified characteristics: race, colour, national origin, sex, and religion. It is not a part of the US Constitution but is codified at 42 U.S.C. 2000e and in subsequent sections. Title VII was amended by the Civil Rights Act of 1991 and the Lilly Ledbetter Fair Pay Act of 2009. It applies to employers in both the private and public sectors that have 15 or more employees.
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What You'll Learn
Title VII of the Civil Rights Act of 1964
The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII. The EEOC now plays a major role in guiding judicial interpretations of civil rights legislation.
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Amendments to Title VII
Additionally, Title VII establishes an employee's right to file a civil action in the event of discrimination. Within 90 days of receiving notice of final action taken by a department, agency, or unit on a complaint of discrimination, an employee or applicant for employment, if aggrieved by the final disposition of their complaint, may file a civil action.
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Title VII and employment law
Under Title VII, an employer may not discriminate with regard to any term, condition, or privilege of employment. Areas that may give rise to violations include recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, or providing benefits. For example, a football league with a policy that women may not hold any decision-making positions would likely violate Title VII's prohibition against sex discrimination. Similarly, employees who belong to a protected group cannot be segregated or physically isolated from other employees or clients.
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Title VII and employees' legal rights
Under Title VII, an employer may not discriminate with regard to any term, condition, or privilege of employment. This includes areas such as recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, or providing benefits. For example, a football league with a policy prohibiting women from holding decision-making positions would likely violate Title VII's prohibition against sex discrimination.
Additionally, employees who belong to a protected group cannot be segregated or isolated from other employees or clients. For instance, it is illegal for a company to assign only white people to positions in a predominantly white area or to assign primarily Asian employees to an office in an area with a high Asian population. An exception to the rule against disparate treatment exists when the lack of a protected characteristic is a bona fide occupational qualification (BFOQ) for a job.
If an employee believes their employer has engaged in discrimination or other unlawful acts in violation of Title VII, they may pursue legal claims, including disparate treatment and disparate impact claims.
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Title VII and the Equal Employment Opportunity Commission
Under Title VII, an unlawful employment practice is established when the complaining party can demonstrate that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even if other factors also influenced the decision. This includes apparently neutral job policies that have a disproportionate impact on protected groups. For example, a policy of hiring only from a private, all-white male country club would violate Title VII, as it would have a disparate impact on minorities and women.
The EEOC has several responsibilities and powers under Title VII. It is responsible for the annual review and approval of national and regional equal employment opportunity plans submitted by departments, agencies, and units. The EEOC also reviews and evaluates the operation of all agency equal employment opportunity programs, obtaining and publishing progress reports on a semi-annual basis. Additionally, the EEOC is authorized to appear in court and represent the Commission in any case, although litigation before the Supreme Court must be conducted by the Attorney General.
The EEOC also enforces other federal employment discrimination laws, such as the Pregnant Workers Fairness Act of 2022, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Genetic Information Nondiscrimination Act of 2008. These laws provide additional protections against discrimination and retaliation for employees and job applicants.
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Frequently asked questions
Title VII is a federal law that prohibits employment discrimination based on a worker's race, colour, gender, religion, or national origin. It is part of the Civil Rights Act of 1964.
Title VII prohibits discrimination by covered employers on the basis of race, colour, religion, sex, or national origin. It also prohibits discrimination against an individual because of their association with another individual of a particular race, colour, religion, sex, or national origin.
Recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, or providing benefits.
Title VII applies to employers in both the private and public sectors that have 15 or more employees. It also applies to the federal government, employment agencies, and labour organisations. Most employees and job applicants are protected by Title VII, but independent contractors are not.
