Title vii of the federal civil rights act

Whether you are an employer or employee, you've likely heard about Title VII of the Civil Rights Act of 1964. In fact, there are few employment laws out there as important as this one, particularly when it comes to allegations for workplace discrimination.

But if you don't know many of the specific details and nuances of the important legislation, don't worry, you're not alone. Fortunately, this article will cover some of fundamental concepts of Title VII, including who it protects, what it prohibits, and the possible claims employees may attempt to pursue under it. So, let's start with the basics.

What is Title VII of the Civil Rights Act — and what does it prohibit?

Many people are surprised to learn that most jobs in the U.S. are considered "at-will" employment. This means that an employer can typically fire an employee for any reason they want — except an illegal reason such as unlawful discrimination — and that's where Title VII of the Civil Rights Act comes in.

Specifically, Title VII is the main federal law that prohibits employment discrimination based on:

• Race
• Religion
• National origin
• Color
• Sex, including gender, gender identity, pregnancy, and sexual orientation

This means that an employer cannot take an "adverse employment action" — such as firing, refusing to hire, demoting, refusing to promote, etc. — against an employee or potential employee based on any of these protected characteristics. If they do, the employee might have a discrimination claim.

You may notice that "age" or "disability" aren't one of the protected groups listed above and that is because older workers and disabled workers are actually protected under different federal laws — the Age Discrimination in Employment Act (ADEA) and Americans with Disabilities Act (ADA), respectively.

It's also important to note that individual states may create they own discrimination laws that might protect a wider range of employees than any of these federal laws, so employers should be aware of these laws as well.

Possible employee claims under Title VII

If an employee believes their employer has engaged in discrimination and other unlawful acts in violation of Title VII, there are several potential legal claims they may pursue, including:

• Disparate treatment: Disparate treatment is the most obvious form of employment discrimination and it occurs when an employer treats an employee or job applicant differently than other employees because of their race, color, religion, national origin, or sex.
  
• Disparate impact: This is when a seemingly neutral practice unduly impacts employees in a protected class, often unintentionally. For example, if employees must pass physical strength tests or meet a minimum height — requirements that appear neutral at first glance — it may still have a disparate impact on women or other protected groups. Assuming an employee can prove a disparate impact, the employer would be given an opportunity to show that the policy is necessary for the position and that no alternative policy/requirement would work.
• Harassment: Under Title VII, there are two main forms of harassment claims, which include quid pro quo harassment and hostile work environment.
  
• Retaliation: Title VII prohibits an employer from retaliating against employees or applicants when they assert their rights under the law, including when an employee files a Title VII discrimination charge, opposes an employer practice that violates Title VII, or testifies or participates in a Title VII investigation or proceeding.
• Negligence: A title VII negligence claim usually involves instances in which a co-worker gets an employee fired for discriminatory reasons by making negative or critical statements about the employee and the employer actually knows, or should have known, of the co-worker's discriminatory intentions.

Keep in mind, though, this is not an exclusive list of the potential claims an employer may face under Title VII, not to mention some employees may also attempt to bring additional claims under state law.

Equal Employment Opportunity Commission

The laws enforced by EEOC makes it unlawful for Federal agencies to discriminate against employees and job applicants on the bases of race, color, religion, sex, national origin, disability, or age. A person who files a complaint or participates in an investigation of an EEO complaint, or who opposes an employment practice made illegal under any of the laws that EEOC enforces is protected from retaliation.

Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin. Title VII protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment. See EEOC guidance on race/color, religion, sex, sexual harassment, pregnancy, and national origin discrimination.

Equal Pay Act of 1963. The Equal Pay Act of 1963 protects men and women from sex-based wage discrimination in the payment of wages or benefits, who perform substantially equal work in the same establishment. See EEOC guidance on equal pay and compensation discrimination.

Age Discrimination in Employment Act of 1967. The Age Discrimination in Employment Act (ADEA), as amended, protects persons 40 years of age or older from age-based employment discrimination. The Older Workers Benefit Protection Act amends several sections of the ADEA and establishes conditions for a waiver of ADEA protections. See EEOC guidance on age discrimination.

Rehabilitation Act of 1973. Sections 501 and 505 of the Rehabilitation Act, as amended, protects employees and job applicants from employment discrimination based on disability. This law covers qualified employees and job applicants with disabilities. It also requires Federal agencies to make reasonable accommodation of any known disabilities unless such accommodation would cause an undue hardship. See EEOC guidance on disability discrimination.

The Civil Rights Act of 1991. The Civil Rights Act of 1991 amends several sections of Title VII to strengthen and improve Federal civil rights laws and provide for the recovery of compensatory damages in Federal sector cases of intentional employment discrimination.

Additional information about unlawful discriminatory and retaliatory practices and the remedies is available to Federal employees and applicants who believe they have been subjected to such practices.

Office of Special Counsel and the Merit Systems Protection Board

Other laws enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) protect Federal employees from certain prohibited personnel practices. According to Section 2302(b) of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not:

• Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.
• Solicit or consider employment recommendations based on factors other than personal knowledge or records of job related abilities or characteristics.
• Coerce an employee’s political activity or take action against any employee as reprisal for refusing to engage in political activity.
• Deceive or willfully obstruct a person’s right to compete for employment.
• Influence any person to withdraw from competition for a position to improve or injure the employment prospects of any other person.
• Give unauthorized preference or advantage to any person to improve or injure the employment prospects of any particular employee or applicant.
• Engage in nepotism.
• Retaliate against an employee or an applicant because of an individual's legal disclosure of information evidencing wrongdoing ("whistleblowing").
• Retaliate against an employee or applicant for exercising an appeal, complaint or grievance right; testifying or assisting another in exercising such a right, cooperating with an Inspector General or the Special Counsel, or refusing to obey an order that would break a law.
• Discriminate against an employee based on conduct which is not adverse to on-the-job performance of the employee, applicant, or others. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on "conduct" to include discrimination based on sexual orientation. See Addressing Sexual Orientation Discrimination in Federal Civilian Employment.
• Violate veterans’ preference requirements.
• Violate any law, rule, or regulation which implements or directly concerns the merit principles.

For additional information about Federal employee and applicant protection regarding prohibited personnel practices, you may call the FTC Office of Inspector General (202) 326-2800, the Office of Special Counsel (202) 653-7188 or visit its website, or you may call the Merit Systems Protection Board (202) 653-6772 or visit its website. You may also contact the FTC's Office of Human Resources Management at (202) 326-2021.

Is the Civil Rights Act of 1964 the same as Title VII?

Which employers are covered by Title VII of the Civil Rights Act of 1964?

What is not covered under Title VII of the Civil Rights Act?