Deck 5 Title VII & Title IX

What does Title VII prohibit?

Employment discrimination.

What employers does Title VII cover according to the slides?

Private employers with 15+ employees for 20+ weeks/year.

Five Title VI protected classes?

Race, color, sex, religion, national origin.

What is disparate treatment?

Treating employees differently based on class membership; often unintentional.

What is disparate impact?

A facially neutral policy that disproportionately affects a protected group; often unintnetional.

Two major forms of workplace harassment?

Quid pro quo + hostile environment.

What generally characterizes a hostile environment?

Severe/pervasive conduct that is hostile, offensive, or intimidating and alters employment conditions.

What is the EEOC?

Federal executive agency responsible for enforcing Title VII.

What can EEOV do after investigating?

Sue on the employee’s behalf or issue a right-to-sue-letter.

Step one of Title VII burden shifting?

Plaintiff establishes a prima facie case.

Step two of Title VII burden shifting?

Defendant gives a legitimate, nondiscriminatory reason.

Step three of Title VII burden shifting?

Plaintiff shows the stated reason is a pretext for discrimination.

What does Title IX prohibit?

Sex discrimination in education programs/activities receiving federal financial assistance.

Does Title IX apply to athletics?

Yes. Explicity included in 1975 regulations.

What is the Title IX three-prong test?

Substantial proportionality OR history of expansion OR full/effective accomodation of interest.

Does a school need to satisfy all three Title IX prongs?

No — one of the three.

What is the contact-sport exemption?

Schools may sponsor seperate sex-based teams for contact sports; excluded-sex tryout requirements differ for contact sports.

Examples of contact sports?

Boxing, wrestling, rugby, ice hockey, football, and basketball.

Title VII rule from Bostock in the slides?

Gender identity/expression and sexual orientation are protected under Title VII.