Blackwell Reference Online

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Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunities Act of 1972 and the civil rights act of 1991 , forbids employer and union discrimination based on race, color, religion, sex, or national origin. Title VII specifically forbids any employer to fail to hire, to discharge, to classify employees, or to discriminate with respect to compensation, terms, conditions, or privileges of employment opportunity due to race, color, religion, sex, or national origin. Title VII also prohibits retaliation against persons who file charges or participate in Equal Employment Opportunity Commission (EEOC) investigations. Title VII covers private employers, state and local governments, and educational institutions that have 15 or more employees. The federal government, private and public employment agencies, labor organizations, and joint labor–management committees for apprenticeship and training must also abide by the law. There are two primary legal theories under which a plaintiff may prove a case of unlawful discrimination: disparate treatment and disparate impact . A disparate treatment claim exists where an employer treats some individuals less favorably than others because of their race, color, religion, sex, or national origin. Proof of the employer's discriminatory motive is critical in a disparate treatment case. A disparate impact claim exists ... log in or subscribe to read full text