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Title VII of the Civil Rights Act of 1964 (Title VII)
Title VII, the federal law that prohibits most workplace harassment and discrimination, covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals. In addition to prohibiting discrimination against individuals because of race, color, national origin, religion, and sex, those protections have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees. Related articles on Title VII Currently, Title VII doesn't include discrimination on the basis of sexual orientation, however there is a trend towards litigating sexual orientation cases bases on guarantees based under the statute. Many states have employment discrimination and harassment laws as well and may include even more protected classes – such as marital status and sexual orientation – than Title VII covers. HarassmentThe legal theory of harassment evolved out of legal interpretations of the discrimination prohibitions in Title VII. The law itself doesn't mention the term harassment at all. Rather, the law says:
Using the words “otherwise to discriminate against . . . with respect to . . . terms and conditions of employment” as a jumping off place, the U.S. Supreme Court has interpreted that a hostile work environment will violate the prohibitions of Title VII. When harassment is so pervasive and severe that it actually alters an employee’s terms or conditions of employment and creates an abusive working environment, a violation of the law has occurred. Title VII and the EEOCBefore an employee can file a complaint against an employer under Title VII, he first must file a charge with the Equal Employment Opportunity Commission (EEOC). If the EEOC finds that the employee's claim has merit, it may sue on his behalf. Otherwise, it will issue him a "right-to-sue" letter, and he then can file a complaint and begin the litigation process. Employees and the EEOC can sue for lost wages, benefits, reinstatement, and attorneys' fees. Compensatory damages (damages for wages and emotional distress) are "capped" by Title VII and the amount allowed per employee will vary depending on the size of the employer.
Related articles on Title VII from the State Employment Law Letters
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