Chapter 3Chapter 3Title VII of the Civil Title VII of the Civil Rights Act of 1964Rights Act of 1964

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Learning ObjectivesLearning Objectives Explain the history leading up to passage of the

Civil Rights Act of 1964

Give examples of the ways that certain groups of people were treated differently before passage of the Civil Rights Act

Discuss what is prohibited by Title VII

Recognize who is covered by Title VII and who is not

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Learning ObjectivesLearning Objectives State how a Title VII claim is filed and proceeds

through the administrative process

Determine if a Title VII claimant is able to proceed after receiving a no–reasonable-cause finding

Distinguish between the various types of alternative dispute resolution used by EEOC

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Learning ObjectivesLearning Objectives Explain the Post-Civil War Statutes, including

what each is and what it does

Discuss what management can do to comply with Title VII

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A Historic Rights ActA Historic Rights Act Civil Rights Act of 1964

Prohibits discrimination in housing, education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, or religion

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Title VII of the Title VII of the Civil Rights Act of 1964Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is the employment section of the act

State and local governments passed laws paralleling Title VII and the other protective legislation

Affects on employers

Prohibitions

Regulations

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Title VII of the Title VII of the Civil Rights Act of 1964Civil Rights Act of 1964

Amendments to the Act

Equal Employment Opportunity Act

Pregnancy Discrimination Act

Civil Rights Act of 1991

Congressional Accountability Act of 1995

EEOC

Job discrimination

Employment discrimination

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Title VII ProvisionsTitle VII Provisions An employer cannot discriminate on the basis of

Race

Color

Gender

Religion

National origin

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Title VII ProvisionsTitle VII Provisions In making decisions regarding

Hiring/firing

Training

Discipline

Compensation

Benefits

Classification

Or other terms or conditions of employment

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Who Must Comply with Title VII?Who Must Comply with Title VII? Employers

Unions

Joint labor and management committees making admission, referral, training, and other decisions

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Who Must Comply with Title VII?Who Must Comply with Title VII? Employment agencies and other similar hiring

entities making referrals for employment

All private employers employing 15 or more employees

Federal, state, and local governments

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Who is Covered by Title VIIWho is Covered by Title VII Public (governmental) employees

Private (non-governmental) employees

Undocumented workers

Undocumented workers may not be eligible for certain forms of relief, such as reinstatement and back pay

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Employees Who Are Not Covered by Employees Who Are Not Covered by Title VIITitle VII

Employees of employers having less than 15 employees

Employees whose employers are not engaged in interstate commerce

Non-U.S. citizens employed outside the United States

Employees of religious institutions, associations, or corporations hired to perform work connected with carrying on religious activities

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Employees Who Are Not Covered by Employees Who Are Not Covered by Title VIITitle VII

Members of Communist organizations

Employers employing Native Americans living in or around Native American reservations

Employers who are engaged in interstate commerce but do not employ 15 or more employees for each of 20 or more calendar weeks in the current or preceding calendar year

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Filing Claims under Title VIIFiling Claims under Title VII Claimant/ charging party: The person who

brings an action alleging violation of Title VII

Vast majority of charges are sifted out of the system

The EEOC has a success rate of 90 percent in litigation

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Filing Claims under Title VIIFiling Claims under Title VII Statute of limitation

Non-federal government employees within 180 days of the discriminatory event

Federal employees within 45 days of the discriminatory event

Record keeping and reporting requirements: Requirement under Title VII that certain documents must be maintained and periodically reported to the EEOC

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State Law Interface in the Filing State Law Interface in the Filing ProcessProcess

706 agency: Work-sharing agreement with the EEOC

Conciliation: Attempting to reach agreement on a claim through discussion, without resort to litigation

Expanded filing time

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Proceeding Through the EEOCProceeding Through the EEOC Respondent/ responding party: Person

alleged to have violated Title VII, usually the employer

Within 10 days of the claim, the EEOC serves notice of the charge to the employer

Antiretaliation provisions

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MediationMediation Attempt to streamline the EEOC case handling

process

Alternative to a full-blown EEOC investigation

“Referral-back” program

Universal mediation agreements

60 to 70 percent of incoming cases are offered mediation

Agreements reached are binding

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EEOC InvestigationEEOC Investigation EEOC’s determination of reasonable cause

Reasonable cause: EEOC finding that Title VII was violated

No-reasonable-cause finding

No reasonable cause: EEOC finding that evidence indicates no reasonable basis to believe Title VII was violated

Dismissal and notice of rights (right-to-sue letter)

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EEOC InvestigationEEOC Investigation Reasonable-cause finding

Meeting with EEO investigator

EEO investigator: Employee of EEOC who reviews Title VII complaints for merit

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Judicial ReviewJudicial Review Judicial review: Court review of an agency’s

decision

De novo review: Complete new look at administrative case by the reviewing court

Mediation provides an alternative between litigation and mandatory arbitration

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Judicial ReviewJudicial Review Mandatory arbitration agreements

Federal Arbitration Act

Jury trials

The Civil Rights Act of 1991

Awards compensatory and punitive damages

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The Reconstruction Civil Rights ActsThe Reconstruction Civil Rights Acts

42 U.S.C. Section 1981. – Equal Rights under the Law

42 U.S.C. Section 1983. – Civil Action for Deprivation of Rights

42 U.S.C. Section 1985. – Conspiracy to Interfere with Civil Rights

The Ku Klux Klan Act

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An Important NoteAn Important Note Discrimination claims under Title VII and other

employment discrimination legislation must be proved just as any other lawsuit

The employee must offer evidence to support any claims

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An Important NoteAn Important Note Employers do not have to fear being sued if they

consistently treat employees in a protected class just as they would those of any other similarly situated employee

Title VII is not a job guarantee for women and minorities

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Management TipsManagement Tips Make sure that all employees understand

What Title VII is

What Title VII requires

Who Title VII applies to

How the employees’ actions can bring about liability for the employer

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Management TipsManagement Tips Ensure that employees know

What kinds of actions will be looked at in a Title VII proceeding

That the employer will not allow Title VII to be violated

That all employees have a right to a workplace free of illegal discrimination