Civil Rights Act of 1964 - Title VII and Employment Discrimination

Title VII of the Civil Rights Act of 1964 – Background and History

Title VII was a landmark piece of federal legislation enacted as part of the broader Civil Rights Act of 1964. Its primary purpose was to address widespread discrimination in employment practices across the United States, particularly against African Americans. It prohibits employers from discriminating against individuals on the basis of certain protected characteristics in all aspects of employment.

A. Protected Classes

  • Title VII protects individuals from discrimination in employment based on:

    1. Race: Encompasses ancestry, physical characteristics, and cultures associated with a particular race.

    2. Color: Discrimination based on skin pigmentation, shade, or complexion.

    3. Religion: Includes religious beliefs, practices, and observances. Employers must reasonably accommodate an employee's religious practices unless doing so would impose an undue hardship.

    4. Sex/Gender: Prohibits discrimination based on biological sex, gender identity, sexual orientation, and pregnancy. This includes sexual harassment.

    5. National origin: Refers to an individual's birthplace, ancestry, culture, or linguistic characteristics. Discrimination based on ethnicity or country of origin is also covered.

B. Procedures Under Title VII

  • Equal Employment Opportunity Commission (EEOC):

    • An independent federal agency established by Title VII that is responsible for enforcing federal laws against workplace discrimination. Its functions include investigating charges of discrimination, mediating disputes, and, if necessary, initiating lawsuits against employers on behalf of aggrieved individuals.

  • Filing a Claim:

    • Before an individual can sue an employer in federal court under Title VII, they must first file a "Charge of Discrimination" with the EEOC within a specific timeframe (generally 180 or 300 days, depending on state law). The EEOC attempts to resolve the charge through investigation or mediation. If the EEOC does not find discrimination or decides not to pursue the case further, it will issue a "right-to-sue" letter, which then allows the individual to file a lawsuit in court.

C. Important Case: Griggs v. Duke Power (U.S. 1971)

  • This seminal Supreme Court case significantly shaped the interpretation of Title VII by establishing the legal concept of disparate impact. The ruling affirmed that employment practices that appear neutral on their face but have a disproportionately negative effect on a protected group, and are not justified by business necessity, are discriminatory, even without proof of intent.

  • Case Details: Duke Power Co. required employees to have a high school diploma and pass intelligence tests for certain positions, even though these requirements were not demonstrably related to job performance. These requirements disproportionately excluded African American applicants who had historically been denied equal educational opportunities.

D. Types of Discrimination

1. Intentional Discrimination (Disparate Treatment)

  • This occurs when an employer treats an individual differently because of their race, color, religion, sex, or national origin. Proof of discriminatory motive is essential.

  • Elements of Proof: Often follows the McDonnell Douglas burden-shifting framework:

    • The plaintiff must first establish a prima facie case of discrimination (e.g., they are a member of a protected class, were qualified for the job, suffered an adverse employment action, and someone outside their protected class was treated more favorably).

    • The employer must then articulate a legitimate, non-discriminatory reason for the action.

    • The plaintiff must then prove that the employer's stated reason is merely a pretext for discrimination.

  • Employer Coverage: Employers must have 15 or more employees for 20 or more calendar weeks in the current or preceding calendar year to be liable under Title VII.

  • Historical context: The Civil Rights Act, including Title VII, was a direct response to widespread racial segregation and discrimination prevalent in the Southern states during the mid-20th century. Presidents John F. Kennedy and Lyndon B. Johnson were instrumental in pushing for its passage to end state-sanctioned discrimination.

2. Unintentional Discrimination (Disparate Impact)

  • This type of discrimination occurs when a seemingly neutral employment policy or practice disproportionately impacts a protected group, even if the employer did not intend to discriminate. It's often proven through statistical analysis.

  • Connection to Griggs v. Duke Power: This theory was solidified by the Griggs decision, which stated that employment practices must be job-related and consistent with business necessity if they have a disparate impact on protected groups.

  • Employer Defenses: If a plaintiff demonstrates disparate impact, the employer can defend the practice by proving that it is job-related and a business necessity. Even then, the plaintiff can still prevail by showing there's a less discriminatory alternative that would serve the employer's business needs.

E. Overview of Discrimination

  • Title VII prohibits both overt and covert discriminatory practices in employment. This includes discrimination in various stages and aspects of employment, such as:

    • Hiring and recruitment (e.g., discriminatory job advertisements, biased interview processes).

    • Promotions, transfers, and assignments.

    • Compensation, benefits, and pay decisions.

    • Firing, layoffs, and other termination actions.

    • Workplace policies, practices, and working conditions (e.g., hostile work environment, harassment).

    • Any other terms, conditions, or privileges of employment.