Title VII of the Civil Rights Act Of 1964

50 yearsin 2014

AELH Article 7.3.4

President Johnson Signsthe Civil Rights Act of 1964

Affirmative Action

• AELH Article 7.3.10• Federal contractors

– Dollar limits– Employee limits

• EEO-1 (must have if 100 employees)• Plan• Enforcement by OFCCP at USDOL

EEOC 2013 Priorities

• Eliminating barriers in recruitment & hiring• Protecting immigrant, migrant & vulnerable workers• Addressing emerging issues (e.g. LGBT) • Enforcing equal pay laws• Preserving access to the legal system• Prevention of harassment through systemic

enforcement and targeted outreachAND• Publicly collecting money from employers!

Allocation of 2013 EEO Charges:

Chart from: http://www.eeoccountdown.com/2013/10/01/times-up-pencils-down-eeoc-final-fiscal-year-end-filing-totals-provide-surprises-and-insight/

Title VII Timeline• 1861-1865 Civil War/War Between the States• 1863 Emancipation Proclamation• 1865 13th Amendment outlaws slavery• 1866 Section 1981 outlaws discrimination• 1868 14th Amendment due process/equal protection• 1870 15th Amendment gives black men vote• 1865-1964 Reconstruction/Jim Crow

Title VII Timeline (2)• 1896 Plessy v. Ferguson: separate but equal• 1954 Brown v. Board of Education: desegregation of schools• 1950s and1960s Race riots and demonstrations• 1963 Equal Pay Act• 1963 March on Washington: I Have a Dream• 1963 President Kennedy assassinated• 1964 Civil Rights Act• 1965 Executive Order 11246

Title VII Timeline (3)• 1965 Voting Rights Act• 1972 Title VII applies to state/local employees• 1978 Pregnancy Discrimination act• 1986 Meritor Savings Bank v. Vinson• 1991 Civil Rights amendments

– Expansion of remedies– Caps on compensatory/punitive damages– Burden of proof

• 2009 Lily Ledbetter Act

Categories• Race• Color• Religion• National Origin• Sex• Retaliation

What is Prohibited?• Discrimination

– Recruitment – Pay – Hiring, firing, layoff– Promotion – Job assignments – Training – Leave – Benefits

• Harassment• Retaliation

– Opposition– Participation

Who is Liable?• Employers (need 15+)

– Compare Section 1981– Indian Country and tribal preference

• Prospective employers• Unions• Vicarious liability• Who is supervisor? Vance v. Ball State

Burden of Proof• Disparate treatment and McDonnell Douglas burden

shifting– Employee/job applicant to show

• Protected category• Adverse action• Connection

– Employer counters with legitimate/nondiscriminatory reason– Employee must prove pretext

• What about mixed motive?• Disparate impact

Enforcement and Remedies• EEOC

– Arizona deferral state so 300 days to file charge

– Mediation

– Investigation

– Conciliation

• Private action – exhaustion of administrative remedies – 90 days to file

• Remedies– Backpay and Frontpay

– Reinstatement or Instatement

– Compensatory and Punitive Damages - capped

– Attorney Fees

– EEOC remedies

U.S. Supreme CourtRetaliation Cases

• University of Texas Southwest Medical Center v. Nassar (2013) – imposed but for burden of proof

• Staub v. Proctor Hospital (2011)• Thompson v. North American Stainless

(2011)• Burlington Northern v. White (2006)

No Favorites - No Stereotypes

• Mothers cannot travel• This position is suited for a young worker• Pay increases for your faves• Men can’t complain of sexual harassment• He is too feminine/she is too macho • Man harassed by male co-workers for failing to conform to male stereotype could bring a Title VII claim. He did not “act like a man should act,” and walked like a woman. Nichols v. Azteca Rest. Enters., 256 F.3d 864 (9th Cir. 2001).