Title VII of the Civil Rights Act of 1964

Title VII Statute of Limitations

180 days.

Oncale v. Sundowner Offshore Service, Inc. (1998)

Held that same-sex sexual harassment is barred under Title VII.

Price Waterhouse v. Hopkins (1989)

Held that sexual stereotyping is a form of sexual discrimination under Title VII; established "mixed motive" defenses.

Age BFOQ

Mandatory retirement ages for bus drivers and airline pilots.

Direct Method

Providing compelling and straightforward evidence via documentation or otherwise to prove discrimination.

"Protected Groups"

Race, color, religion, sex, national origin, or age.

Religion BFOQ

Requiring a religious school teacher to be a certain religion or religious denomination.

42 USC § 2000

Title VII in the US Code

Meritor Standard

An objectionable environment must be both objectively and subjectively severe.

Title VII Organizational Application

Employers with more than 15 employees for more than 40 days out of one calendar year.

McDonnel Douglas Corp. v. Green (1973)

Established the "indirect method" of proving discriminatory/retaliatory intent, making it easier for plaintiffs to recover.

Dothard v. Rawlinson (1977)

Established the BFOQ defense under Title VII.

Harris v. Forklift Systems, Inc. (1993)

Established the guidelines for what creates a hostile work environment.

Equal Employment Opportunity Commission (EEOC)

Executive agency responsible for the enforcement of Title VII by either advising potential plaintiffs or suing an employer on the employee's behalf.

McDonnel-Douglas Burden Shifting Framework/Indirect Method

(1) The employee must established a prima facie case of discrimination/retaliation against the defendant, (2) then the burden shifts to the employer to provide a legitimate non-discriminatory/retaliatory reason for their adverse employment action, (3) then the burden shifts back to the employee to prove that the reasons proffered by the employer are mere pretext for their discriminatory/retaliatory action.

Hostile Work Environment Requirements

(1) The employee must have been a member of a protected group, (2) they must have been harassed because of their membership in that group, (3) the harassment must have been unwelcome, (4) the harassment must have been severe that it deprived the employee of a term, condition, or privilege of their employment, and (5) the employer must have actually known about the harassment and failed to take prompt and effective remedial action.

Title VII Excepted Organizations

(1) The federal government, (2) federally recognized Native American tribes, (3) religious organizations with respect to their ministers, and (4) bona fide private nonprofit organizations.

Age Discrimination in Employment Act of 1967

Amended Title VII to include "age" as a protected group, but only applicable to those under 40.

Ledbetter v. Goodyear Tire & Rubber Co. (2007)

(abrogated) Held that an employee has 180 days from the first discriminatory check to file suit under Title VII.

Washington v. Davis (1976)

(abrogated) Overruled Griggs decision and held that the employee must have had intent to discriminate.

Griggs v. Duke Power Co. (1971)

(overruled) Established a disparate impact as a viable theory to sue under Title VII.

Civil Rights Act of 1991

Amended Title VII to expand the type of damages that can be sought by a plaintiff (compensatory and punitive), give the defendant a right to a jury trial, and to statutorily codify disparate impact claims.

Americans with Disabilities Act of 1990

Act that prohibits employment discrimination against the disabled, and protects them in the same way that Title VII protects its protected groups.

Race BFOQ

Allowed only where the race of an employee in a movie or play is relevant for artistic or historical purposes.

Equal Employment Opportunity Act of 1972

Amended Title VII to allow the EEOC to sue on behalf of plaintiffs.

Hostile Work Environment Claim

Claim that arises under Title VII when an employer discriminates against an employee by allowing coworkers to harass the employee.

Disparate Impact Claim

Claim that arises under Title VII when an employer engages in a seemingly neutral policy, but one that disproportionately affects a protected group.

Discrimination Claim

Claim that arises under Title VII when an employer has discriminated against an employee with respect to their compensation, privileges, or conditions of employment because they are members of a protected group.

Retaliation Claim

Claim that arises when a plaintiff is retaliated against by their employer for engaging in a "protected activity" under Title VII.

"Protected Activity"

Filing a complaint with the EEOC, or testifying in a trial or EEOC hearing.

"Mixed Motive" Defense

When an employer can prove that although they committed an act of discrimination, they would have committed their adverse employment action against the employee without the discriminatory motive anyway, a plaintiff may only recover attorney's fees and injunctive relief.

Pregnancy Discrimination Act of 1978

Amended Title VII to make "pregnancy" discrimination a form of "sex" discrimination.

Ledbetter Fair Pay Act of 2009

Amended Title VII to make it so that the 180 day period to sue resets after every discriminatory payment, in the event that the suit is about wage discrimination.

Bona Fide Occupational Qualification (BFOQ) Defense

An employer can discriminate against an employee in a protected group if their membership in that group necessarily disqualifies them from that position.

After-acquired Evidence Doctrine

An employer may not use evidence they discovered after they committed discrimination as justification for their adverse employment action.

Hosanna-Tabor Evangelical Lutheran Church v. EEOC (2012)

Established the test for determining whether an employee is considered a "minister" under Title VII.

Meritor Savings Bank v. Vinson (1986)

Held that a "hostile work environment" is an actionable claim, and that sexual harassment creates a hostile work environment.

Christianburg Garment Co. v. E.E.O.C (1978)

Held that a losing plaintiff need not pay attorney's fees to the defendant unless they filed a frivolous claim.

United Steel Workers v Weber (1979)

Held that affirmative action in an employment context does not generally violate Title VII.

EEOC v. Abercrombie & Fitch Stores (2015)

Held that an employer need not be on actual notice of an employee's membership in a protected group in order for that employee to be protected by Title VII.

United Automobile Workers v. Johnson Controls, Inc. (1991)

Held that discrimination based on familial status is not barred by Title VII as long as the employer enforces their policy equally to both men and women.

Bostock v. Clayton County (2020)

Held that discrimination based on sexual orientation and gender are forms of sexual stereotyping and therefore barred under Title VII.

Burlington Northern & Santa Fe Railway v. White (2006)

Held that if an employer engages in a policy that would dissuade a "reasonable employer" from filing a Title VII claim, then this counts as a form of "retaliation" under Title VII.

University of Texas Southwestern Medical Center v. Nassar (2013)

Held that in cases of retaliation, a plaintiff must prove that the protected activity was a but for cause of the adverse employment action against them, not just one of many.

Hosanna-Tabor Test

In looking at whether an employee is a minister, a court must look at (1) whether the employer held the employee out as a minister, (2) whether the employee held themselves out as a minister, (3) whether the position required a significant amount of religious training, and (4) whether the employee served important religious functions for the organization.

Ministerial/Ecclesiastical Exception

Religious employers may discriminate against an employee based on a protected group if that employee is a "minister" of the employer's religion.

Title VII of the Civil Rights Act of 1964

Section of the CRA that bars employment discrimination if that discrimination is based on the employee's membership in a protected group/class.

Sex BFOQ

Strength requirements for laborious and/or hazardous jobs, like firefighters; hiring males only for male modeling positions.