Definition
A federal law that prohibits employers from discriminating against employees or job applicants on the basis of race, colour, religion, sex, or national origin, forming the foundation of US workplace anti-discrimination law.
UK Context
Best Practices
- Develop and distribute a comprehensive anti-discrimination policy that lists all protected categories under federal and applicable state law
- Implement structured interview processes to reduce bias in hiring decisions
- Maintain thorough documentation of employment decisions including hiring, promotions, discipline, and terminations
- Conduct annual anti-harassment training for all employees with additional training for supervisors
Frequently Asked Questions
Does Title VII protect against sexual orientation discrimination?
Yes. In the 2020 Bostock v. Clayton County decision, the US Supreme Court held that Title VII's prohibition on sex discrimination includes discrimination based on sexual orientation and gender identity.
What is disparate impact under Title VII?
Disparate impact occurs when a seemingly neutral employment policy or practice disproportionately affects a protected group and cannot be justified by business necessity. Examples include physical fitness tests that exclude women or educational requirements that disproportionately screen out minority applicants.
What damages are available under Title VII?
Employees can recover back pay, front pay, compensatory damages for emotional distress, and punitive damages. Compensatory and punitive damages are capped based on employer size, ranging from $50,000 for employers with 15-100 employees to $300,000 for employers with 500+ employees.