1. Chapter 3 Title VII of the Civil Rights Act of 1964
McGraw-Hill/Irwin
Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

2. Learning Objectives
Explain the history leading up to passage of the Civil Rights Act of 1964
Give examples of the ways that certain groups of people were treated differently before passage of the Civil Rights Act
Discuss what is prohibited by Title VII
Recognize who is covered by Title VII and who is not
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3. Learning Objectives
State how a Title VII claim is filed and proceeds through the administrative process
Determine if a Title VII claimant is able to proceed after receiving a no–reasonable-cause finding
Distinguish between the various types of alternative dispute resolution used by EEOC
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4. Learning Objectives
Explain the Post-Civil War Statutes, including what each is and what it does
Discuss what management can do to comply with Title VII
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5. A Historic Rights Act Civil Rights Act of 1964
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
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6. Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is the employment section of the act
State and local governments passed laws paralleling Title VII and the other protective legislation
Affects on employers
Prohibitions
Regulations
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7. Title VII of the Civil Rights Act of 1964
Amendments to the Act
Equal Employment Opportunity Act
Pregnancy Discrimination Act
Civil Rights Act of 1991
Congressional Accountability Act of 1995
EEOC
Job discrimination
Employment discrimination
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8. Title VII Provisions An employer cannot discriminate on the basis of
Race
Color
Gender
Religion
National origin
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9. Title VII Provisions In making decisions regarding Hiring/firing
Training
Discipline
Compensation
Benefits
Classification
Or other terms or conditions of employment
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10. Who Must Comply with Title VII?
Employers
Unions
Joint labor and management committees making admission, referral, training, and other decisions
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11. Who Must Comply with Title VII?
Employment agencies and other similar hiring entities making referrals for employment
All private employers employing 15 or more employees
Federal, state, and local governments
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12. Who is Covered by Title VII
Public (governmental) employees
Private (non-governmental) employees
Undocumented workers
Undocumented workers may not be eligible for certain forms of relief, such as reinstatement and back pay
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13. Employees Who Are Not Covered by Title VII
Employees of employers having less than 15 employees
Employees whose employers are not engaged in interstate commerce
Non-U.S. citizens employed outside the United States
Employees of religious institutions, associations, or corporations hired to perform work connected with carrying on religious activities
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14. Employees Who Are Not Covered by Title VII
Members of Communist organizations
Employers employing Native Americans living in or around Native American reservations
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
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15. Filing Claims under Title VII
Claimant/ charging party: The person who brings an action alleging violation of Title VII
Vast majority of charges are sifted out of the system
The EEOC has a success rate of 90 percent in litigation
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16. Filing Claims under Title VII
Statute of limitation
Non-federal government employees within 180 days of the discriminatory event
Federal employees within 45 days of the discriminatory event
Record keeping and reporting requirements: Requirement under Title VII that certain documents must be maintained and periodically reported to the EEOC
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17. State Law Interface in the Filing Process
706 agency: Work-sharing agreement with the EEOC
Conciliation: Attempting to reach agreement on a claim through discussion, without resort to litigation
Expanded filing time
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18. Proceeding Through the EEOC
Respondent/ responding party: Person alleged to have violated Title VII, usually the employer
Within 10 days of the claim, the EEOC serves notice of the charge to the employer
Antiretaliation provisions
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19. Mediation Attempt to streamline the EEOC case handling process
Alternative to a full-blown EEOC investigation
“Referral-back” program
Universal mediation agreements
60 to 70 percent of incoming cases are offered mediation
Agreements reached are binding
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20. EEOC Investigation EEOC’s determination of reasonable cause
Reasonable cause: EEOC finding that Title VII was violated
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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21. EEOC Investigation Reasonable-cause finding
Meeting with EEO investigator
EEO investigator: Employee of EEOC who reviews Title VII complaints for merit
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22. Judicial Review Judicial review: Court review of an agency’s decision
De novo review: Complete new look at administrative case by the reviewing court
Mediation provides an alternative between litigation and mandatory arbitration
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23. Judicial Review Mandatory arbitration agreements
Federal Arbitration Act
Jury trials
The Civil Rights Act of 1991
Awards compensatory and punitive damages
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24. The Reconstruction Civil Rights Acts
42 U.S.C. Section – Equal Rights under the Law
42 U.S.C. Section – Civil Action for Deprivation of Rights
42 U.S.C. Section – Conspiracy to Interfere with Civil Rights
The Ku Klux Klan Act
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25. An Important Note
Discrimination claims under Title VII and other employment discrimination legislation must be proved just as any other lawsuit
The employee must offer evidence to support any claims
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26. An Important Note
Employers do not have to fear being sued if they consistently treat employees in a protected class just as they would those of any other similarly situated employee
Title VII is not a job guarantee for women and minorities
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27. Management Tips Make sure that all employees understand
What Title VII is
What Title VII requires
Who Title VII applies to
How the employees’ actions can bring about liability for the employer
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28. Management Tips Ensure that employees know
What kinds of actions will be looked at in a Title VII proceeding
That the employer will not allow Title VII to be violated
That all employees have a right to a workplace free of illegal discrimination
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