Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and potential employees on the basis of race, color, religion, sex or national origin.
This act is a federal anti-discrimination law and applies to employers in private sectors as well as local, state and federal governments.
Since 1964, several cases across the U.S. have expanded the types of employment practices that are deemed discriminatory. While this list includes examples of prohibited employment discrimination, it is not exhaustive.
An employer who does any of the following on the basis of an employee’s race, color, religion, sex or national origin has likely violated Title VII:
The first step is to file a complaint with the Equal Employment Opportunity Commission, or EEOC. This governmental organization is tasked with educating employees and employers, investigating claims and mediating claims regarding workplace discrimination.
The affected employee or former employee only has 180 days to file a complaint with the EEOC after experiencing the unlawful discriminatory action. Failure to do so may limit or prevent the employee from seeking further relief.
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After a complaint has been made, the EEOC notifies the employer of the complaint and launches an investigation. In doing so, the EEOC may attempt to resolve the problem through mediation with the complainant and the employer.
If they are unable to resolve the issue, the EEOC has the right to file a lawsuit against the employer or if the EEOC declines to do so, they must provide the complainant with a right to sue notice. The complainant has the right to file a lawsuit once in receipt of the notice.
An employer found liable for employment discrimination can be subjected to any number of the following remedies depending on the length, nature and severity of the discrimination:
No. It is illegal under Title VII for an employer to retaliate in any way for a employee’s complaint or speaking out regarding discrimination including employees who report such activities that are targeting other employees.
If you are not ready to file a complaint, you can do the following to protect your rights. Be sure to remember the 180 day deadline regarding complaints to the EEOC.
Yes, consulting a local employment lawyer can help you prepare essential documentation and other evidence needed to make your case.
They can also assist you in filing the appropriate complaint and seek additional solutions other than a lawsuit if you desire. A lawyer can draft the complaint and represent you in any settlement discussions and court.
Last Modified: 06-15-2018 10:42 AM PDTLaw Library Disclaimer
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