1. Attorney Roger D. Locklear NC Bar Approved General CLE
Understanding The Civil Rights Act: How to Handle Employment Discrimination
Attorney Roger D. Locklear
NC Bar Approved General CLE

2. Basics of Employment Discrimination
Title VII of the Civil Rights Act of 1964
One of the most important laws in this area
Amended in 1972, 1978, and 1991
When doing research relevant, remember to look at the amendments- Offered more protection
Offers protection to individuals against employment discrimination
The law protects against both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related
Prohibits employment agencies, employers, and unions from discrimination against applicants and employees
Prohibits discrimination throughout the employment process including hiring, compensation, promotion, training, and termination

3. Private and public employers Federal, State and Local governments
Title VII Coverage
Private and public employers
Federal, State and Local governments
Labor Unions, Employment Agencies, and hiring halls

4. Key Elements of Title VII
Prohibits discrimination in any aspect of employment
Allows persons access to equal employment opportunities
Provides equal access to training
Prohibits sexual harassment
Prohibits discrimination based on pregnancy
Prohibits discrimination in compensation practices
Prohibits retaliation who oppose discrimination
Created the EEOC

5. True or False
Title VII of the Civil Rights Act protects employees from discrimination based on race, color, religion, national origin, and sexual orientation.
FALSE

6. Areas Title VII Prohibits Discrimination
Race
Color
National Origin
Gender ( Sex Discrimination)
Religion

7. Who is covered? Title VII does NOT apply Title VII DOES apply
Less than 15 Employees
More than 15 Employees
Title VII does NOT apply
Title VII DOES apply

8. Racial Discrimination
Discrimination on the basis of an immutable characteristic associated with ones race, such as skin color, hair texture, or certain facial features.
Title VII prohibits discrimination on the basis of a condition which predominantly affects one race.

9. Color Discrimination
This type of discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person.
Title VII prohibits color discrimination against ALL persons, including Caucasians.
Burden of persuasion remains with the Complainant/Plaintiff at all times.
Direct vs. Circumstantial Evidence

10. National Origin Discrimination
National Origin discrimination occurs when a person is treated differently because of their country of origin.
Under EEOC guidelines, protection extends to people discriminated against because of:
Marriage
Membership
Attendance/Participation
Association

11. Gender Discrimination
Failure to promote someone because of their sex is a clear violation of Title VII
Title VII does NOT prohibit discrimination based on:
Sexual activity
Sexual orientation
Martial status

12. Religious Discrimination
This occurs when someone is discriminated against because they engage in religious observances.
Basic Rule: must be a religious type of belief and has to be held with strength and conviction with which religious beliefs are normally held.
Employers not only have to refrain from discrimination but they must also accommodate their employees religious beliefs where warranted.

13. True or False
The Civil Rights Act applies to ALL organizations regardless of size.
FALSE

14. Exceptions to the General Rule
Business Necessity
Bona Fide Occupational Qualification (BFOQ)
Seniority

15. Other Areas Protected by Title VII
Sexual Harassment
Quid Pro Quo: when a job action is dependent on the provision of sexual favors
Hostile Work Environment: when the work environment becomes unpleasant and unacceptable based on considerations of sex ( e.g., jokes, languages, unwanted touching)
Does NOT require a tangible job detriment
Retaliation
Two types: Opposition Clause and Participation Clause

16. Types of Evidence Circumstantial
Three-part test set forth in McDonnell Douglas Corp. v. Green (1973)
1) Prima Facie Case
2) Legitimate, nondiscriminatory reasons
3) Pretext

17. Types of Evidence Continued
Direct Evidence
Action/statement reflecting discriminatory attitude that correlates with the challenged act.
Automatic finding of discrimination against the employer
Damages can be mitigated with evidence that the same employment action would have been taken absent discriminatory reasons
AKA Mixed Motive

18. Damages Applicable Injunctions
Order directing hire, reinstatement, promotion, payment of higher salary and benefits
Back pay
Attorney fees and costs
Compensatory and punitive damages
Declaratory relief
Front pay
Prejudgment and post judgment interest

19. Procedural Issue Role of the EEOC Filing Deadlines
Deferral Jurisdictions
Mediation
Doctrine of Exhaustion
Continued Violations

20. True or False
The Equal Employment Opportunity Commission is the federal agency that investigates and enforces employment discrimination law.
TRUE

21. Recap Most cases involve circumstantial evidence
Complainant ALWAYS retains the burden of proof
A tangible adverse action is not necessary to bring claim of retaliation when applicable
Direct evidence of discrimination ALWAYS results in a finding against the employer