The Title VII of the Civil Rights Act of 1964 (CRA 1964) prohibits employers from discriminating against any job applicant or employee on the basis of race, color, religion, sex, or national origin.
Who is Covered
Title VII applies to companies and labor unions with 15 or more employees doing business in interstate commerce. It also governs employment agencies, state and local government and apprenticeship programs.
Title VII does not cover:
- federal government employees; special procedures have been established to enforce anti-discrimination laws for them, and
- independent contractors.
Basic Provisions/Requirements
Under Title VII, employers may not intentionally use race, skin color, religion, sex, or national origin as the basis for decisions in hiring, promotions, dismissals, pay raises, benefits, work assignments, leaves of absence, training opportunities, and any other term, condition, or privilege of employment. Title VII covers everything about the employment relationship – from pre-hiring ads to working conditions, to performance reviews, to giving post-employment references. It does, however, provide for several exceptions:
- Bona Fide Occupational Qualification (BFOQ). Employment decisions made on the basis of sex, national origin, or religion do not violate Title VII if the decisions are based on BFOQ reasonably necessary to the normal operation of a particular business. This is a narrow exception that applies only if the qualification affects the employee’s ability to do the job.
- Bona Fide Seniority System. Title VII exempts discrimination that results from the operation of a bona fide seniority system. Thus, for example, a bona fide seniority system rewarding length of service under a collective bargaining agreement that has a discriminatory impact on minority employees may not violate Title VII. Again, this is a narrow exception that applies only in certain specific situations.
Title VII states that a company’s employment policies and practices must be neutral. They can not favor people of one race, sex, religion, or national origin over another. Employers also may not retaliate against employees who file civil rights charges.
To comply with Title VII, private employers with 100 or more employees are required to file an Employer Information Report (EEO-1) annually with the Joint Reporting Committee.
The Civil Rights Act of 1991 (CRA 1991) has amended Title VII by making it tougher for employers to defend themselves against discrimination charges and by allowing compensatory and punitive damages for intentional discrimination.
