Class 27 - EMPLOYMENT DISCRIMINATION- TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

What is Title VII of the Civil Rights Act of 1964?

Title VII is a federal law that prohibits employment discrimination based on certain protected characteristics, such as race, color, national origin, religion, and sex.

At what stages can discrimination occur in employment?

Discrimination can occur at any stage including pre-employment, during employment, and at termination.

What are some protected classes under Title VII?

Protected classes include race, color, national origin, religion, sex, and retaliation for reporting discrimination.

Who is covered by Title VII?

Title VII applies to employers with 15 or more employees, including private employers, employment agencies, and labor unions.

What is the employer liability in cases of sexual harassment?

Employers may be liable for harassment by managers, employees, or customers if they knew or should have known about the harassment and failed to take corrective action.

What are the two main types of sexual harassment?

The two main types are Quid Pro Quo (where employment benefits are conditioned on sexual favors) and Hostile Work Environment (where conduct creates an intimidating or abusive situation).

What defines Disparate Treatment in discrimination cases?

Disparate Treatment involves intentional discrimination, where an employer treats an employee differently because of a protected trait.

What is Disparate Impact in discrimination cases?

Disparate Impact refers to neutral policies that disproportionately harm a protected group, regardless of intent.

What forms of retaliation are prohibited under Title VII?

Retaliation can occur when an employer punishes an employee for reporting discrimination, filing a complaint, or supporting another employee.

What is the purpose of the Ellerth/Faragher Defense?

The Ellerth/Faragher Defense allows an employer to avoid liability if no job consequences occurred, they had proper complaint procedures, and the employee failed to use those procedures.