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Title VII of the Civil Rights Act, enforced by the Equal Employment Opportunity Commission (EEOC), protects individuals against employment discrimination on the basis of sex as well as race, color, national origin, and religion. In 2020, the U.S. Supreme Court clarified that “on the basis of sex” includes sexual orientation and gender identity.
Scope
Title VII applies to employers with 15 or more employees. It also applies to employment agencies and to labor organizations, and to the federal government.
Regulatory citations
- None
Key definitions
- None
Summary of requirements
Title VII prohibits discrimination against any employee or applicant because of sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. This includes both intentional discrimination and neutral job policies that disproportionately exclude individuals on the basis of sex and that are not job related.
Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Persons must be considered based on individual capacities, not on characteristics generally attributed to the group. Examples of prohibited assumptions might be:
- Refusal to hire women based upon the assumption that the turnover rate is higher among women (employment characteristics).
- Refusal to hire men based upon the assumption that men are less capable of assembling intricate equipment (stereotypes).
A help-wanted advertisement should not indicate a preference or limitation based on sex unless sex is a bona fide occupational qualification for the particular job involved. For example, a movie company looking for a leading actress does not need to consider men for the role.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.
Litigation. Sex discrimination is a very common charge made to the EEOC, and has produced considerable litigation for employers. Common complaints involve:
- Failure to hire,
- Failure to promote,
- Sexual harassment (see the Sexual Harassment topic ),
- Pay disparity (see the Equal Pay Act topic),
- Discharge and discipline claims.
In the case of complaints regarding failure to hire or promote, an important factor will be the company’s record in hiring and/or promoting other members of the same gender. If a female brings a suit because the employer did not hire, and the employer can show that the company has a good record of hiring females for this or similar positions, it will be far easier to convince the EEOC that the company’s motivation in the case was not discriminatory. On the other hand, if the company’s overall record in hiring females is weak, the employer’s challenge will be greater.
Employers are sometimes hindered in defending sex discrimination cases by having permitted sex based jokes or banter in the workplace.