Under Title VII of the Civil Rights Act of 1964, discrimination against an employee or job applicant based on race, color, religion, national origin, or sex (including pregnancy) is prohibited. An employer cannot make decisions regarding hiring, promotion, segregation, classification, or training opportunities based on these protected categories. Additionally, it is unlawful to discriminate in compensation, terms, conditions, or privileges of employment, or to unjustly discipline an employee based on a protected category. According to this federal law, job advertisements must not prefer or discourage applicants based on race, color, religion, national origin, or sex. Employment agencies and labor unions are also prohibited from engaging in discriminatory practices based on these categories.
As highlighted, Title VII was amended to include pregnancy in the definition of “sex” through the Pregnancy Discrimination Act in 1978. This means that employment policies or practices that negatively impact female employees due to pregnancy, childbirth, and related medical conditions are considered unlawful sex discrimination. These conditions should be treated similarly to other temporary illnesses or conditions.
Title VII addresses issues of harassment, retaliation, and religious accommodations. It is illegal to harass an employee based on a protected category. Harassment may involve offensive or derogatory comments, or other verbal or physical conduct, including unwanted sexual advances or requests. For harassment to be considered illegal, it should be frequent or severe enough to create a hostile work environment or result in adverse employment decisions, such as being fired or demoted. The harasser could be anyone in the workplace, including supervisors, co-workers, clients, or customers. Regarding retaliation, Title VII makes it unlawful to retaliate against someone for making a complaint, opposing an illegal employment practice, or participating in an investigation or lawsuit. Employers must also provide reasonable accommodations for religious practices unless this causes undue hardship for the business.
Historically, many federal courts did not recognize LGBTQ discrimination claims under Title VII, interpreting "sex" in 1964 as referring to binary male-female biological identity. However, during the Obama administration, the EEOC expanded the definition of "sex" to include gender expressions and sexual orientation. In a landmark case, Hively v. Ivy Tech Community College, decided on April 4, 2017, the 7th Circuit Court of Appeals recognized that Title VII protects employees from discrimination based on sexual orientation. The court ruled that discrimination against an individual based on sexual orientation also qualifies as sex discrimination, as it pertains to societal gender norms. This decision, although primarily about sexual orientation, paves the way for discussions on gender identity discrimination under Title VII in future cases.
Title VII is applicable to private employers and state and local governments with 15 or more employees, prospective or active, within the current or prior year. It covers all federal government employers regardless of employee count. Employment agencies must comply as long as they refer employees, and labor unions are included if they have at least 15 members or operate a hiring hall.
There is a limited exception under Title VII, where it is not unlawful for an employer to hire based on a protected category if being part of it is a bona fide occupational qualification (BFOQ) necessary for business operation. For example, religious schools may hire individuals based on religion if the institution is owned or managed by a religious association, or the curriculum is directed toward propagating a particular faith. However, customer preferences for certain demographics do not justify a BFOQ.
Apart from the BFOQ exception, seniority or merit systems are allowed under Title VII provided they do not result in intentional discrimination based on the protected categories. Similarly, professionally developed ability tests are permitted, as long as they are not intended or used to discriminate against individuals.
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If you have any questions regarding the rights of Connecticut employees under Title VII of the Civil Rights Act of 1964, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
