Discrimination Under Title VII: Basics

by Practical Law Labor & Employment

A Practice Note providing a foundational overview of Title VII of the Civil Rights Act of 1964 (Title VII), the principal federal statute prohibiting employment discrimination. To help employers understand their obligations and potential risks, this Practice Note outlines the classes protected under Title VII, including race, color, national origin, religion, and sex. It details which employers must comply and which individuals are protected, addressing key issues such as the 15-employee threshold, extraterritorial coverage, and the ministerial exception. This Practice Note examines the primary theories of liability employers may face, such as disparate treatment, disparate impact, harassment, and retaliation. It also explores various defenses available to employers, including the bona fide occupational qualification (BFOQ) defense, and discusses potential remedies for successful plaintiffs. Finally, this resource describes the enforcement process, highlighting the role of the Equal Employment Opportunity Commission (EEOC) and administrative prerequisites to litigation.