Civil Rights Act of 1964
10 July 2006Civil Rights Act of 1964
Title VII – Equal Employment Opportunity, 42 U.S.C. §§2000e et seq.
Coverage and Prohibition: Employers with 15 or more employees are prohibited from discriminating against any individual with respect to compensation, terms, conditions, or privileges of employment because of that individual’s race, color, religion, sex, or national origin.
Enforcement: Title VII is administered by the Equal Employment Opportunity Commission (“EEOC”), and employees must file a charge of discrimination with the EEOC (or with qualified state agencies) as a condition to filing a private suit. The EEOC investigates and attempts conciliation between the employer and the employee. The EEOC also may bring suit in federal court against an uncooperative employer.
Remedies: Remedies include back pay, reinstatement, retroactive seniority, and appropriate equitable relief (e.g., an injunction). In addition, an employee alleging intentional (not “disparate impact”) discrimination may seek compensatory damages (e.g., for pain, suffering, etc.) and punitive damages up to maximum limitations established by the Civil Rights Act of 1991 (see below). When damages are sought in a case alleging intentional discrimination, either party may demand a jury trial. Attorneys’ fees, including expert fees, may be awarded to the prevailing party.
Related Regulations:
EEOC: Procedural Regulations, 29 C.F.R. Part 1601.
EEOC: Records and Reports, 29 C.F.R. Part 1602.
EEOC: Guidelines on Discrimination Because of Sex, 29 C.F.R. Part 1604.
EEOC: Questions and Answers on Pregnancy Discrimination, 29 C.F.R. Part 1604, Appendix.
EEOC: Guidelines on Discrimination Because of Religion, 29 C.F.R. Part1605.
EEOC: Guidelines on Discrimination Because of National Origin, 29 C.F.R. Part 1606.
EEOC: Uniform Guidelines on Employee Selection Procedures, 29 C.F.R. Part 1607.
EEOC: Affirmative Action Appropriate Under Title VII, 29 C.F.R. Part 1608.
EEOC: Availability of Records, 29 C.F.R. Part 1610.
EEOC: Equal Employment Opportunity in the Federal Government, 29 C.F.R. Part 1614.
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