If you are an employee or an employer, you have likely heard of Title VII of the Civil Rights Act of 1964. Few employment regulations are as important as this one, especially in workplace discrimination cases. The Civil Rights Act of 1964 protects the rights of every citizen, regardless of religion, race, gender, or belief.
Title VII of the Civil Rights Act specifically addresses concerns about workplace discrimination. If you are mistreated in the workplace because of your appearance or ideological beliefs, you can file a Title VII lawsuit. An experienced employment discrimination lawyer from the Sexual Harassment Attorney can represent you in a lawsuit for discriminatory treatment in your workplace.
An Overview of Workplace Discrimination
Workplace discrimination is any unfavorable treatment employees receive due to their sexual orientation, color, race, faith, age, national origin, disability, or gender. Employers are prohibited from using these criteria for decisions in various employment scenarios, including recruitment, hiring, dismissal, termination, referrals, promotion, and other employee opportunities.
Discrimination is a broad term encompassing various behaviors and activities considered unpleasant and unwanted, depending on the context. Harassment is an example of workplace discrimination.
Workplace discrimination goes beyond hiring and firing employees. It can occur at any stage of the employment process, from job application to termination, and in all workplace-related aspects such as salaries, benefits, and security.
Several laws prohibit discrimination at work. These include:
- The federal law, Title VII of the Civil Rights Act, outlaws employment discrimination
- The United States Equal Employment Opportunity Commission (EEOC) regulates and investigates workplace discrimination as defined by federal law. EOCC provisions safeguard against job discrimination based on age, mental or physical impairment, parenting and pregnancy, genetic information, and other factors
- In California, the Department of Fair Employment and Housing (DFEH) extends employment discrimination protections to include gender, gender identity, language, sexual orientation, and other criteria
Title VII and the Legal Rights of Employees
Title VII of the Civil Rights Act of 1964 is a federal legislation that protects workers from discrimination based on certain characteristics, including race, color, nationality, gender, and religion.
Discrimination is forbidden in the following areas of employment:
- Job adverts
- Interviews
- Recruitment
- Discipline and discharge
- Hiring
- Promotions
- Job assignments
- Salaries and benefits
Employers are discouraged from advertising obs that exclude certain groups in society. For example, an advertisement seeking fresh college graduates may be interpreted as excluding candidates over 40. Additionally, Title VII of the Civil Rights Act prohibits employers from hiring based on stereotypes.
Title VII covers businesses in both the commercial and governmental sectors with 15 or more workers. It also covers the federal authorities, hiring agencies, and labor groups. The Equal Employment Opportunity Commission is responsible for enforcing Title VII.
No individual working or seeking to work for a Title VII-compliant organization should be rejected for a job opportunity or treated differently in any workplace decisions because of perceived religious, sexual, racial, national, or religious traits. No employee should be treated differently because of their affiliation with an individual who belongs to one of these groups.
Potential Claims By Employees Under Title VII
If an employee feels their employer has participated in discrimination and other illegal acts in violation of Title VII, they may pursue the following legal claims:
Disparate Treatment
This is the most prominent kind of workplace discrimination. It happens when a hiring manager or employer treats employees or a job candidate differently from other workers because of color, race, religion, gender, or national origin (similar to education laws).
Disparate Impact
Disparate treatment occurs when a neutral act unintentionally affects workers in a protected group. For example, physical strength tests or height requirements may disproportionately affect women and other protected groups. When this happens, the employer must prove that the policy is essential for the job and that no alternative would suffice.
Quid Pro Quo Sexual Harassment
Title VII covers two types of harassment claims: quid pro quo sexual harassment and hostile work environments. Employers should have a sexual harassment policy to safeguard and deter other criminal behaviors, such as bribery, just as they do with fraud and security training.
Retaliation
Title VII prohibits employers from retaliating against employees or applicants who assert their legal rights, such as when employees file a Title VII discrimination charge, oppose a Title VII infringing employer practice, or testify or participate in a Title VII investigation.
Negligence
A Title VII negligence lawsuit often arises when a coworker causes another employee to lose their job for discriminatory reasons, and the employer is aware or should have been aware of the coworker’s discriminatory intent.
This is not an exhaustive list of the possible issues an employer could face under Title VII.
Laws Enforced By the Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission is an independent federal organization. Founded in 1965, the EEOC supports job seekers and workers in different settings, including local and state governments, private companies, academic institutions, hiring agencies, and trade unions.
The EEOC is also responsible for investigating workplace discrimination claims. As stated in Title VII of the Civil Rights Act, this commission monitors and handles complaints of unlawful discrimination at the federal level.
The EEOC enforces several laws, including:
The Equal Pay Act of 1963
This law prohibits employers from having different wages for women and men working the same job. It also makes it illegal to retaliate against someone for complaining about discrimination, filing a discrimination charge, or participating in an employment discrimination investigation or lawsuit.
The Pregnancy Discrimination Act
This Act revised Title VII to make it illegal to discriminate against women due to pregnancy, recent childbirth, or medical conditions related to pregnancy or childbirth. This amendment to Title VII also prohibits retaliation against individuals who complain about discrimination. File discrimination charges or participate in employment discrimination investigations or lawsuits.
Age Discrimination in Employment Act of 1967
This law protects people 40 and older from age-based discrimination. Under this act, it is also illegal to retaliate against anyone who has complained about discrimination, filed a discrimination lawsuit, or participated in an employment discrimination investigation or lawsuit.
Title I of the 1990’s Americans with Disabilities Act
This law prohibits private sector, local, and state governments from treating qualified individuals with physical or mental impairments less favorably. It also protects against retaliation for those who complain about discrimination, file allegations, or participate in workplace discrimination investigations or lawsuits. Additionally, the law requires employers to provide reasonable accommodation for known mental or physical limitations of qualified disabled applicants or employees unless doing so would cause undue hardship to the business.
Sections 102 and 105 of the 1991 Civil Rights Act
This law is an amendment of Title VII and the ADA, allowing cases to proceed to court with a jury trial. It also enables plaintiffs to seek both compensatory and punitive damages.
The Rehabilitation Act of 1973, Sections 501 and 505
This Act prohibits discrimination against qualified individuals with disabilities. It protects those who report discrimination, file charges, or participate in discrimination investigations or lawsuits. Employers must provide reasonable accommodations for known physical or mental limitations of otherwise qualified disabled applicants or employees unless doing so would impose undue hardship on the business.
Genetic Information Non-Discrimination Act
This Act prohibits treating ob applicants or employees differently based on genetic information. Genetic information includes results from your genetic tests, tests of your family members, and information about diseases, disorders, or conditions that run in your family, that is, your family’s medical history. It is also illegal to retaliate against someone for complaining about discrimination, filing a discrimination charge, or participating in an employment discrimination investigation or lawsuit.
Pregnant Workers’ Fairness Act of 2022
This law states that if a qualified worker has a known limitation due to childbirth, pregnancy, or related medical issues, the covered entity must provide reasonable accommodations for that worker unless it causes undue burden. It is also illegal to retaliate against someone for reporting discrimination, making allegations of discrimination, participating in a workplace discrimination proceeding (such as a lawsuit or investigation), or reasonably opposing discrimination.
Filing a Complaint with the Equal Opportunity Commission
Any employee can submit a complaint to the EEOC, regardless of whether they have personally experienced discrimination. For example, someone who is not a victim could still report that other workers are facing discrimination in the workplace.
Employers nationwide should submit certain employer-related data to the EEOC. This information specifically includes racial and ethnic demographics, aiming to prevent discrimination in these areas. As a result, although employers may collect this data, such as whether a worker or a job applicant belongs to a certain racial category, they are not permitted to use it when making hiring decisions. This information is often recorded covertly and then transmitted to the EEOC.
Submitting a complaint about workplace discrimination requires careful consideration. It can lead to significant legal and financial consequences for the employee filing the complaint and the company. If you are filing a complaint, an experienced labor law attorney can guide your case and provide the best legal advice.
A few things will happen after you make a formal report with the EEOC. The EEOC mostly aims to finish its probes into claims in six months.
- As part of its investigation, the EEOC requests the employer for a position statement and officially requests details related to the case. This includes personnel files, anti-discrimination workplace policies, and human resources documents
- The EEOC may request permission from the company to interview other employees for additional information. While the employer has the legal right to refuse, the EEOC can still contact workers independently, even without the employer’s consent or knowledge
- With the information gathered, the EEOC decides if the case needs more attention. As soon as they find out, the main probe begins. They can subpoena more documents and workers to give statements in this litigation stage
- The employer might avoid a full EEOC investigation by attempting to solve with the complainant through dispute resolution or a settlement. If no settlement is reached or the mediation proves ineffective, the EEOC can file a lawsuit against the employer. It is important to note that the accuser retains the right to sue even if the EEOC decides not to pursue the case
If the EEOC and the complainant sues the employer, the employer may face the following consequences and penalties:
- Offering relief to workers who experienced discrimination
- Paying back wages
- Reinstating workers
- Pay back the court and settle civil fees
- Giving the complainant both compensatory and punitive damages, with limits on how much can be granted based on the size of the company
- Paying the complainant the amount of wages they lost as damages
- Bad press for the employer
Harassment and Discrimination Protection Under California Law
The Fair Employment and Housing Act, or the FEHA, provides California workers enhanced protection against workplace discrimination. The Department of Fair Employment and Housing, also called the DFEH, oversees and enforces the FEHA. The DFEH offers protections beyond federal regulations, including safeguards against discrimination based on:
- Sexual orientation
- Gender identity and expression
- Veteran and military status
- Language discrimination and English-only policies. An employer cannot force employees to use English exclusively unless it is necessary for legitimate business purposes
The FEHA also protects smaller businesses that are not covered under Title VII.
Filing Complaints with the DFEH
While the EEOC is a federal body, the DFEH can handle and process allegations of discrimination in California. They can help you determine if you can file a complaint with the DFEH or EEOC.
There is an agreement for the Equal Employment Opportunity Commission and DFEH to share work. In other words, they work together to handle claims of discrimination. Because of this agreement, you do not have to file a claim with both groups. If you want to ensure that both parties are involved, you could denote “crossfilling” when you make your claim.
Does Title VII Cover All Employers?
Not all employers have to follow guidelines under Title VII. According to Title VII, it mostly only protects public and private employers with at least fifteen employees. These employees may include:
- Part-time workers
- Full-time workers
- Employees on suspension
- Workers on vacation or leave
This employee rule does not apply to businesses owned by the federal government. It is also possible for employees to sue their employers for discrimination even if they do not have fifteen employees. This is because local and state laws may give workers other options.
Do All Employees Have Rights Under Title VII?
When determining who is and who is not a Title VII-protected employee, the decision is usually fairly simple. Title VII states that an employee is just a person hired by an employer. As a result, Title VII protects all staff members, former employees, and applicants from discrimination if they work for or are applying to work for a covered employer as described above. However, there are some exceptions to this law.
Title VII usually does not cover things like:
- Self-employed people
- Americans who work abroad for companies outside the US jurisdiction
- People from other countries who work abroad for US-owned companies
It is important always to understand local and state laws because they may have more anti-discrimination protections than Title VII.
What Options Are There For You If Your Title VII Rights are Violated?
Title VII violations put victims can be placed in horrible circumstances. A lot of the time, victims have gone through humiliation, been put out of work, and may end up feeling hopeless. Courts know this and can help you acquire relief. As compensation, damages may include money to cover medical bills, lost wages, and emotional and physical pain.
Injunctive relief, ordered by a court, is another type of relief. Injunctive relief can include things like having a job back and changing the rules and policies of the company.
Are Employees’ Rights Protected Outside the Workplace under Title VII of the Civil Rights Act?
Discrimination or sexual harassment can occur anywhere, including beyond the workplace. Different provisions of the Civil Rights Act can help you fight harassment and discrimination in public settings, as well as housing. Other Acts can also outlaw discrimination in learning institutions.
Title VII of the Civil Rights Act especially illegalizes discrimination or sexual harassment in the workplace. However, it can also be applicable when there is sexual harassment or discrimination at work-related functions held outside the workplace. This Act can also cover a remote worker facing any kind of harassment online.
You can engage a seasoned workplace discrimination attorney for more information on whether Title VII can protect you if you have a discrimination or harassment claim. They can assist you in finding the right law that will support your claim in a court of law.
Contact a Workplace Discrimination and Sexual Harassment Attorney Near Me
Title VII serves as the foundation for protection against workplace discrimination and sexual harassment. If your employer or supervisor has violated your Title VII employment rights, you can contact experienced attorneys at the Sexual Harassment Attorney. Our law firm’s team of attorneys has years of experience handling employee claims under Title VII. Give us a call today at 800-905-1856 to speak with one of our attorneys.
