Case Analysis
Chapter 3
Title VII of the Civil Rights Act of 1964
Library of Congress Prints and Photographs Division [LC–DIG–ppmsca–03128]
Learning Objectives
After completing this chapter, you should be able to:
LO1 Explain the history leading up to passage of the Civil Rights Act of 1964.
LO2 Give examples of the ways that certain groups of people were treated -differently before passage of the Civil Rights Act.
LO3 Discuss what is prohibited by Title VII.
LO4 Recognize who is covered by Title VII and who is not.
LO5 State how a Title VII claim is filed and proceeds through the -administrative process.
LO6 Determine if a Title VII claimant is able to proceed after receiving a -no–reasonable–cause finding.
LO7 Distinguish between the various types of alternative dispute resolution used by the EEOC.
LO8 Explain the post–Civil War statutes, including what each is and what it does.
LO9 Discuss what management can do to comply with Title VII.
Opening Scenarios
SCENARIO 1
Jack feels he has been discriminated against by his employer based on national origin. After a particularly tense incident one day, Jack leaves work and goes to his attorney and asks the
attorney to file suit against the employer for violation of Title VII of the Civil Rights Act of 1964. Will the attorney do so?
SCENARIO 2
Shelly receives an anonymous tip that she is making less money than all the other managers on her level, all of whom are male. Shelly believes it began when she did not receive a raise because she rejected advances by her supervisor six years before, and the wage gap has now grown far more than she realized. Shelly files a claim with the EEOC. Will she prevail?
SCENARIO 3
When Rinson did not receive the promotion he believed was his, he became upset. Rinson believes he did not receive the promotion because his boss hates him and always judges Rinson’s work harshly. If Rinson can prove this is true, does he have a valid claim for damages under Title VII?
Statutory Basis
Title VII of the Civil Rights Act of 1964
(a) It shall be an unlawful employment practice for an employer—
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment,
because of such individual’s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. sec. 2000e et seq., sec. 703 (a).
A Historic Rights Act
“A strong and prosperous nation secured through a fair and inclusive workplace.”1 Such a simple statement. Who could disagree with such a vision? It is the vision of the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing laws that were created to make that statement a reality. However, not everyone agrees with that vision or realizes when they may not be acting consistently with it. Though we have come a long way in the 55–plus years since the law was passed creating the agency, unfortunately, much work is increase in sexual harassment charges from 2017 to 2018 in the wake of the #MeToo Movement, recovering $56.6 million for sexual harassment claimants alone.2
LO1 Explain the history leading up to passage of the Civil Rights Act of 1964.
LO2 Give examples of the ways that certain groups of people were treated differently before passage of the Civil Rights Act.
