Fed Regulation 4 Title VII of Civil Rights Act

Question 1

What classes or classes are protected?

Answer 1

Prohibits employment discrimination by both private and public employers, based on race, color, religion, sex, or national origin. First Civil Rights act that mentioned sex protection

Question 2

What else is required for the protection to apply?

Answer 2

Must be in the context of employment

Question 3

Who is obligated to comply with the protection?

Answer 3

Both public and private employers

Question 4

Is there a private right of action?

Answer 4

Private litigants can sue

Question 5

Can a private plaintiff bring a claim under a disparate impact theory?

Answer 5

Yes. Title VII proscribes not only overt discrimination, but also practices that are fair in form, but discriminatory in operation. The touchstone is a business necessity.
*This is important because private individuals can enforce the provision themselves and would not have to rely on governmental entities such as the EEOC

Question 6

What test is for causation is showed?

Answer 6

Considered to be the But for Test (Bostock). Gorsuch analyzes it as But For.
Congress changed it to “Motivating Factor Test”: If Employee can show that discrimination was a motivating factor, not necessarily the sole cause, then burden shifts to D to prove decision would have been the same absent the discriminatory factor