What are the employment discrimination provisions of Title VII of the Civil Rights Act of 1964?

Title VII makes it unlawful for an employer 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. The terms of Title VII have been interpreted very broadly to include any number of adverse actions against the employee based upon race, color, religion, sex, or national origin. This includes retaliation against an employee for making a claim of discrimination or an employee bearing witness to acts of discrimination against another employee.

Note: States pass civil rights statutes similar in nature to Title VII. These statutes are generally more protective of employees or provide additional prohibitions on employer practices.

When Does Title VII Apply?

The provisions of Title VII apply to employers with 15 or more employees, labor unions, and certain other employers.

What is a Bona Fide Occupational Qualification?

The prohibitions of Title VII are limited to circumstances where an employee does not have a reasonable and justifiable reason for discriminating against an employee or prospective employee. A good faith reason for discriminating against an employee based upon a protected class is known as a bona fide occupational qualification (BFOQ). If a specific job or position has a BFOQ that has the effect of discriminating on the basis of religion, sex, or national origin, such discrimination is not illegal. The key aspect of a BFOQ is that the qualification(s) must be reasonably necessary to the normal business operations of the business and the performance of the duties of that position.

Note: No BFOQ exists for intentional discrimination based upon race or color.