Title VII of the Civil Rights Act of 1964

Applies to

• companies with 15 or more employees
• employment agencies
• labor unions

General Provisions

• Prohibits employment decisions based on: Race, color, religion, sex, national origin
• Employment decision: compensation, terms, conditions, privileges

Definitions

Protected class
Group suffered in past, now given special protection by judicial system
African Americans, Asian Americans, Latinos, Native Americans, Women

Disparate treatment
When employer treats an employee differently because of protected class status

Disparate impact (Adverse impact)
Same standard applies to all, but affects protected class more negatively


Standards

Disparate treatment

• Prima facie
  
• (McDonnel-Douglas test)
• Organization did not hire person (protected class)
• Person appeared to be qualified
• Someone else was hired after plaintiff was rejected

Adverse impact

• Prima facie
• Restrictive policy in effect
• Four-fifths rule

Companies defense

• Job relatedness
• Bona fide occupational qualification
• Seniority
• Business necessity