Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees and prohibits discrimination on the basis of race, color, sex, religion or national origin. Title VII is also applicable to Federal, State and Local governmental employers regardless of size. Although, private employers with less than 15 employees are not covered under Title VII, many State statutes provide analogous anti-discrimination provisions for employers with fewer employees. So, check your State’s statutes to see if you are covered under State law as well.

Title VII is the preeminent employment discrimination law due to is breadth of coverage and governance of the employment relationship. Employers are prohibited from the use of race, color, sex, religion or national origin as a basis for refusing to hire or promote an otherwise qualified applicant, for terminating the employment of an individual, or for otherwise discriminating against any individual pertaining to his/her compensation, terms, conditions or privileges of employment because of race, color, religion, sex or national origin.

In order to assert a claim of discrimination under Title VII, an aggrieved employee must initially file his/her claim with the Equal Employment Opportunity Commission (EEOC) and/or its State counterpart. Such claims must generally be made within 180 days after the alleged incident of discrimination. The EEOC will hear complaints from individuals who believe they have been the victims of discrimination. Subsequent to a finding of probable cause that discrimination has occurred, an attempt at conciliation is made to resolve the finding with the employer. If conciliation is unsuccessful, the EEOC may elect to file suit or issue the charging party a “right to sue” letter. If such a “right to sue letter” is issued, the charging party has 90 days in which to file suit in court.

Employers are potentially exposed to the following liability under Title VII: Reinstatement, Front Pay, Back Pay, Compensatory Damages, Punitive Damages, Attorneys’ Fees, and Liquidated damages.

By: Jonathan Dever

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