Title VII of the Civil Rights Act of 1964 Flashcards
What classes are protected by Title VII?
Race, color, national origin, sex, and religion.
What qualifies as “employment”?
Any employment practice, including recruiting, hiring, promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline, discharge, wages, benefits, or any other term, condition, or privilege of employment.
Who is subject to Title VII?
Employers with
- 15 or more employees
- who work each workday in each of 20 weeks in the current or preceding calendar year.
This includes
- Federal, state, and local governments.
- Employer’s agents (executives, managers, employee supervisors)
- Employment agencies
- Labor organizations
Who is exempt from Title VII?
- Private membership clubs
- Indian tribes
Who can sue under Title VII?
Current employees, former employees, and applicants falling within the protected classes of race, color, national origin, sex, or religion.
What test is used to determine whether somebody is an employee, and what factors are relevant?
The control test: traditional agency law criteria for identifying master-servant relationships that asks how much control the organization has over the manner and means by which the individual accomplishes their work. (More control = more likely to be deemed an employee.)
Factors that will cut in favor of employee (not independent contractor):
- The hiring party has the right to supervise and assign responsibilities to the hired party.
- The hired party does not have discretion over when and how long to work.
- The hiring party provides and controls the instrumentalities and tools of the work.
- The job does not require highly specialized skills.
- The work is located on site at the hiring party’s place of business.
- The relationship between the parties does not have a set beginning and end.
- The work at issue is part of the hiring party’s regular business.
- The parties classify their relationship as one of “employer” and “employee.”
What does race mean?
A person’s
- racial group,
- perceived racial group, or
- race-linked characteristics
- hair texture, color, facial features
Are wypipo protected?
Yes.
What does color mean?
The particular hue of the person’s skin.
Example: a dark-skinned Black person is discriminated against in favor of a light-skinned Black person.
What does national origin mean?
A person’s
- birthplace,
- ancestry,
- culture, or
- linguistic characteristics common to a specific ethnic group.
Can an employer make the workplace English only?
Generally no, unless
- it is needed to promote the safe or efficient operation of its business AND
- it is not adopted for a discriminatory purpose.
What is religion?
Religion refers to any bona fide religious belief. The key is whether the individual sincerely holds the belief.
What is sex?
A person’s gender as male or female (both are protected).
Sex also includes pregnancy, childbirth, and related medical conditions. People who are affected by pregnancy, childbirth, and related medical conditions must be treated the same for all employment-related purposes (including receipt of benefits) as other persons not so affected but similar in their ability or inability to work.
Sex is not sexual orientation.
Which characteristic is the employer required to reasonably accommodate in addition to not being allowed to discriminate against?
Religion. Employers must reasonably accommodate the bona fide religious beliefs of their employees.
To what extent are people affected by pregnancy, childbirth, and related medical conditions protected?
They must be treated the same for all employment-related purposes as other persons not so affected but similar in their ability or inability to work.
