Title VII of the Civil Rights Act Flashcards

Title VII of the Civil Rights Act of 1964

• Enacted to prohibit employment discrimination based on membership in protected groups: race, color, religion, sex, national origin, or age.
• Governed by 42 USC § 2000 as a key legislative framework.

Protected Groups

• Defined categories include race, color, religion, sex, national origin, and age (specific to those under 40).

Equal Employment Opportunity Commission (EEOC)

• Federal agency enforcing Title VII, providing legal advice to plaintiffs and suing employers on behalf of employees.

Significant Amendments

• Equal Employment Opportunity Act of 1972: Empowered the EEOC to litigate on behalf of employees.
• Age Discrimination in Employment Act of 1967: Added age as a protected category.
• Pregnancy Discrimination Act of 1978: Classified pregnancy discrimination as sex discrimination.
• Americans with Disabilities Act of 1990: Extended protections against discrimination based on disabilities.
• Civil Rights Act of 1991: Increased damage awards and introduced jury trials into Title VII claims.
• Ledbetter Fair Pay Act of 2009: Reset the time limit to file wage discrimination claims with each paycheck received.

Types of Claims Under Title VII

• Retaliation Claim: Occurs when an employer punishes an employee for engaging in protected activities like filing complaints.
• Disparate Impact Claim: Arises from neutral policies that disproportionately affect a protected group.
• Discrimination Claim: Involves adverse employment actions against employees due to their protected status.
• Hostile Work Environment Claim: Related to harassment that undermines an employee's work conditions.

Legal Standards and Cases

• Meritor Savings Bank v. Vinson (1986): Recognized hostile work environments as actionable claims.
• Oncale v. Sundowner Offshore Services, Inc. (1998): Affirmed that same-sex harassment is prohibited.
• Harris v. Forklift Systems, Inc. (1993): Established guidelines for hostile work environment claims.

BFOQ (Bona Fide Occupational Qualification) Defense

• Allows for discrimination if membership in a protected group is essential for a job (e.g., gender-specific roles).
• Specific BFOQs include age (e.g., bus drivers), religion (for religious school teachers), and race (in artistic contexts).

Frameworks for Proving Discrimination

• McDonnell Douglas Burden Shifting Framework: Process of establishing a discrimination claim and shifting burden between parties.
• Direct Method: Utilizing clear evidence to demonstrate discrimination.

Important Case Law

• Griggs v. Duke Power Co. (1971): Established disparate impact as a valid legal theory under Title VII.
• Price Waterhouse v. Hopkins (1989): Introduced mixed motive defenses in discrimination claims.
• Bostock v. Clayton County (2020): Expanded protections to include discrimination based on sexual orientation and gender identity.

Retaliation and Employer Responsibilities

• Burlington Northern & Santa Fe Railway v. White (2006): Defined dissuading actions as forms of retaliation.
• After-acquired Evidence Doctrine: Employers cannot use evidence discovered post-discrimination to justify actions taken before.

Special Considerations

• Ministerial Exception: Allows religious organizations to make employment decisions based on religious criteria.
• Hosanna-Tabor Test: Criteria for determining whether an employee qualifies as a "minister" under Title VII.

Title VII Application and Limitations

• Applicable to employers with over 15 employees employed for 40 days in a calendar year.
• Statute of limitations for filing claims is 180 days from the discrimination incident.