Chapter 3Title VII of the Civil Rights Act of 1964

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Learning Objectives (1) Understand context: the long history leading up

to passage of the Civil Rights Act of 1964

Recognize what is prohibited by Title VII, and who is/is not covered by Title VII

Know how a Title VII claim is filed and proceeds through the administrative process

Determine the significance of a ‘no–reasonable-cause’ finding

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Learning Objectives (2)

Distinguish the various types of alternative dispute resolution used by EEOC

Explain the limited role of the post-Civil War Statutes

Prevention: Discuss what management can do to comply with Title VII

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An Historic Rights Act Primary focus is race

Milestone in a centuries-long struggle for equality

Abolitionism through Emancipation, Jim Crow laws, de jure and de facto segregation, post-War civil rights movement

The other protected characteristics had also been bases for discrimination in American culture

Broad coverage: 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

Employment included at JFK’s insistence

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Title VII of the Civil Rights Act of 1964 (1)

Title VII of the Civil Rights Act of 1964 is the employment section of the act State and local governments later passed laws

paralleling Title VII and the other protective legislation

Passive Prohibitions: “Thou shalt not…” ‘discrimination’ is what HR does – this law prohibits several

status factors in making those choices among candidates

EEOC Regulations cover many specifics

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Title VII of the Civil Rights Act of 1964 (2)

Amendments to the Act Equal Employment Opportunity Act 1972

Extension to government employees

Pregnancy Discrimination Act Corrects US Supreme Court ruling on intended coverage

Civil Rights Act of 1991 Jury trials, compensatory damages, punitive damages

‘Extra-territorial’ application: US employers abroad

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Title VII Provisions (1)

An employer cannot discriminate on the basis of: Race

Color

Gender – almost not included

Religion

National origin

Each status factor was an American tradition (not included: age, disability, affinity, other possible

characteristics – law as product of the times)

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Title VII Provisions (2)

Applies to promote equal opportunity in the fundamentals of employment relationship: Hiring/firing/promotion

Training

Discipline

Compensation and Benefits

Classification

Or “other terms or conditions of employment” [basket]

Less important terms (dress codes) get less respect

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Who Must Comply? Private employers with 15 or more employees

(lower limit of federal power)

Unions

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

Employment agencies and other similar hiring entities making referrals for employment

Federal, state, and local governments

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Workers Covered by Title VII Undocumented workers

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

Note the tension here – what are the arguments, pro and con, for including undocumented workers under Title VII?

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Workers NOT Covered by Title VII (1)

Employers having fewer than 15 employees 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

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

US citizens employed elsewhere, if local law specifically forbids compliance

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Employees Who Are NOT Covered by Title VII (2)

Employees of religious institutions, associations, or corporations hired to perform work connected with carrying on religious activities Case: Petruska v. Gannon University

Members of Communist organizations

Native American employees living in or around Native American reservations

Employees of private clubs

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Equal Employment Opportunity Commission

Administrative agency established by Civil Rights Act to oversee discrimination claims Specialized expertise and case volume

Agency handles about 100,000 filings/year See chart for relative volume

Doctrine: exhaustion of administrative remedies Claims must go through agency before court (why?)

Scenario 1

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

brings an action alleging violation of Title VII

Respondent/responding party: Person alleged to have violated Title VII, usually the employer

EEOC Investigator: Employee of EEOC who reviews Title VII complaints for merit

Mediator: third party seeks to assist Claimant and Respondent in settling dispute, without authority to impose an outcome

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Statute of Limitations Statute of limitations – relatively brief

Non-federal government employees within 180 days, or federal employees within 45 days of the discriminatory event

Lilly Ledbetter Fair Pay Act: limitations period resets with every discriminatory pay check Scenario 2

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Proceeding Through the EEOC Within 10 days of the claim, the EEOC serves

notice of the charge to the employer

Anti-retaliation provisions

Most claims go to Mediation or Investigation

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Mediation Attempt to streamline the EEOC case handling

process: parties engage mediator to facilitate settlement

60 to 70 percent of incoming cases are offered mediation as alternative to full-blown EEOC investigation; about 15 percent pursue it

“Referral-back” program, universal mediation agreements

Agreements reached are voluntary, binding

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EEOC Investigation Process to determine merit of claim(s)

Meeting with EEO investigator

Outcomes are ‘reasonable cause’ or ‘no reasonable cause’ to believe prohibited discrimination occurred

Vast majority of charges are sifted out of the system

‘No reasonable cause’ finding in 64 percent of cases

Agency pursues conciliation, issues Right-to-sue letter

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EEOC Investigation Outcomes EEOC’s determination of reasonable cause

Reasonable cause: EEOC finding that Title VII was violated

Parties meet with investigator to ‘conciliate’

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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Judicial Review Judicial review: Court review of EEOC’s

decision in federal district court

De novo review: Complete new look at claim by the reviewing court, via trial of case

Usually brought by Claimant, occasionally by EEOC EEOC 90% litigation success

Mandatory arbitration agreement effects

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The Reconstruction Civil Rights Acts

42 U.S.C. Section 1981. – Equal Rights under the Law Patterson v. McLean Credit Union

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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Important Notes (1)

Record keeping and reporting requirements: Requirement under Title VII that certain documents must be maintained and periodically reported to the EEOC http://www.eeoc.gov/employers/recordkeeping_obligations.cfm

Discrimination claims must be proved just as any other lawsuit – burden on plaintiff/claimant Employee must offer evidence to support any claims

Case: Ali v. Mount Sinai Hospital, Scenario 3

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Important Notes (2)

Employers do well against these charges if they have a system and work it: consistently treating employees in a protected class just as they would those of any other similarly situated employees Unmanaged systems and routine exceptions raise

suspicion

Documentation is necessary – and generally is your friend in proving-up your system.

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Management Tips Make sure that all employees understand

What Title VII is, what it requires, and to whom it applies

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

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

That all employees have a right to a workplace free of illegal discrimination: the employer will not allow Title VII violations