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. 3-2 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

3. 3-3 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

4. 3-4 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

5. 3-5 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

6. 3-6 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

7. 3-7 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

8. 3-8 Title VII Provisions  An employer cannot discriminate on the basis of  Race  Color  Gender  Religion  National origin

9. 3-9 Title VII Provisions  In making decisions regarding  Hiring/firing  Training  Discipline  Compensation  Benefits  Classification  Or other terms or conditions of employment

10. 3-10 Who Must Comply with Title VII?  Employers  Unions  Joint labor and management committees making admission, referral, training, and other decisions

11. 3-11 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

12. 3-12 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

13. 3-13 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

14. 3-14 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

15. 3-15 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

16. 3-16 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

17. 3-17 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

18. 3-18 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

19. 3-19 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

20. 3-20 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)

21. 3-21 EEOC Investigation  Reasonable-cause finding  Meeting with EEO investigator  EEO investigator: Employee of EEOC who reviews Title VII complaints for merit

22. 3-22 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

23. 3-23 Judicial Review  Mandatory arbitration agreements  Federal Arbitration Act  Jury trials  The Civil Rights Act of 1991  Awards compensatory and punitive damages

24. 3-24 The Reconstruction Civil Rights Acts  42 U.S.C. Section 1981. – Equal Rights under the Law  42 U.S.C. Section 1983. – Civil Action for Deprivation of Rights  42 U.S.C. Section 1985. – Conspiracy to Interfere with Civil Rights  The Ku Klux Klan Act

25. 3-25 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

26. 3-26 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

27. 3-27 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

28. 3-28 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