Title VII of the Civil Rights Act of 1964: Key Protections

Introduction to Title VII

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits job discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion, and gender at any stage of employment (Cross and LeRoy Miller 493). In addition, Title VII's protections have been extended to include barring most workplace harassment and discrimination, covering all private employers, state and local governments, and educational institutions with 15 or more employees; labor unions with 15 or more members; labor unions that operate hiring halls (to which members go regularly to be assigned jobs as they become available); employment agencies; and state or local governing units or agencies (Cross and LeRoy Miller 493).

However, the United States Supreme Court has also ruled that an employer with fewer than 15 employees is not automatically shielded from a lawsuit under Title VII (Cross and LeRoy Miller 493). A special section of the Act prohibits discrimination in most federal and state employment. When Title VII applies to the employer, any employee — including an undocumented worker — can bring an action for employment discrimination (Cross and LeRoy Miller 493).

The Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) monitors compliance with Title VII (Cross and LeRoy Miller 493). Most employers with at least 15 employees are covered by EEOC laws, though at least 20 employees are required in age discrimination cases. Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits (Equal Employment Opportunity Commission 1).

Before an employee can file a complaint against an employer under Title VII, he or she must first file a charge with the EEOC (Title VII of the Civil Rights Act of 1964 1). The EEOC may investigate the dispute and attempt to obtain the parties' voluntary consent to an out-of-court settlement (Cross and LeRoy Miller 493–494). If the EEOC is not successful in reaching such a voluntary settlement, the agency has the authority to file a lawsuit on the employee's behalf to protect his or her rights and the interests of the public. However, it does not file lawsuits in all cases where it finds discrimination (Equal Employment Opportunity Commission 1).

The EEOC does not investigate every claim of employment discrimination. Generally, it takes only "priority cases," such as cases that affect many workers and cases involving retaliatory discharge — that is, firing an employee in retaliation for submitting a claim with the EEOC (Cross and LeRoy Miller 494). If the EEOC decides not to investigate a claim, the victim may bring his or her own claim against the employer. In that case, the EEOC will issue the employee a "right to sue" letter, and the employee may then file a complaint and begin the litigation process (Title VII of the Civil Rights Act of 1964 1).

Discrimination Based on Race, Color, and National Origin

If an employer's standards and policies for selecting or promoting employees have a discriminatory effect on employees or job applicants in these protected classes, a presumption of illegal discrimination arises (Cross and LeRoy Miller 494–495). The employer must then show that its standards or policies have a substantial, demonstrable relationship to realistic qualifications for the job in question (Cross and LeRoy Miller 495).

Title VII also protects against reverse discrimination — that is, discrimination against majority group individuals, such as white males (Cross and LeRoy Miller 495). For example, if an African American woman fired several white men from their management positions at a school district, the school district could be held liable for reverse discrimination unless it had articulated a legitimate, non-discriminatory reason for its actions (Cross and LeRoy Miller 495).

Conclusion

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination in employment on the basis of sex, race, color, national origin, and religion. In certain instances, differential treatment is allowed — for example, in the area of gender — if it is a bona fide occupational qualification. Currently, Title VII does not include discrimination on the basis of sexual orientation. However, federal legislation adding sexual orientation as a protected class — the Employment Non-Discrimination Act (ENDA) — has been proposed in recent years. Many states have employment discrimination and harassment laws as well, and may include even more protected classes — such as marital status and sexual orientation — than Title VII covers (Title VII of the Civil Rights Act of 1964 1).