• A federal anti-discrimination law that prohibits
employment discrimination based on race, color,
religion, sex, or national origin.!
All government and
employing at least 15
Unions having at
15 members or
which operate hiring
• When an employer refuses to hire, discharges or otherwise
discriminates against any individual with respect to his
compensation, terms, conditions, or privileges of
employment because of his protected status.!
• When an employer acts to limit, segregate, or classify her
employees or applicants for employment in any way which
would deprive or tend to deprive any individual of
employment opportunities because of his protected status.!
• Whether the employer was motivated to treat
individuals less favorably than others because of their
protected status at the time it made the employment
decision in question?!
• What happens when there is evidence that an employer
rejects a candidate belonging to a protected class
because of discriminatory motives and evidence also
exists showing that the employer relied on non-
• Section 703(e) states that discrimination is not unlawful
“in those certain instances where religion, sex, or
national origin is a bona ﬁde occupational qualiﬁcation
reasonably necessary to the normal operation of that
particular business or enterprise.” 42 USC section
• Where an employer does not intentionally treat
employees diﬀerently based on their protected class,
but its actions still have an adverse eﬀect on employees.!
Start! Examination of an employer’s
An employee selection device is used!
Does it have an adverse impact on a protected No! You can use the procedure. There are no
group?! Title VII implications.!
Is there an adverse impact in the overall result No! Federal enforcement agencies are not likely
of all selection devices used? (The bottom line.)! to pursue actions against the employer.
Individuals may still seek recourse.!
Has the test, device, or procedure been found The employer’s procedure violates Title
valid? (Does it protect job performance?)! VII !
Can the employee demonstrate the availability Yes! Employer’s refusal to employ these
of alternative and validated selection devices alternatives would demonstrate employer’s
and that the employer refused to employ them? ! eﬀorts to discriminate.!
OK. You can use the procedure despite its
disparate impact on a protected group.!
• Aﬃrmative action refers to a choice by employers to
take steps to ensure employment opportunities for
members of groups historically excluded from various
• Title VII prohibits discrimination based on sex. “Sex
means a person’s gender -- not his/her sexual
orientation. It also includes pregnancy, childbirth, and
related medical conditions.!
• Discrimination on the basis of sex include but are not
limited to because of or on the basis of pregnancy,
childbirth or related medical conditions; and women
aﬀected by pregnancy, childbirth or related medical
conditions shall be treated the same for all employment
related purposes...as other persons not so aﬀected but
similar in their ability or inability to work...Section
Title VII protects from discrimination workers who !
Made a charge, testiﬁed,
and! assisted, or participated
in an investigation,
proceeding, or hearing
under the Act.!
• The Equal Employment Opportunity Commission
(EEOC) investigates complaints of Title VII violations.
It has the authority to ﬁle lawsuits in federal court to
enforce the statute. Individuals may also ﬁle lawsuits in
either state or federal court.!
Charge ﬁled - 180 day limitation!
Employer notiﬁed of charge - 10 day limitation!
EEOC investigation! charges of
Fact-ﬁnding conscience! discrimination!
No cause - charge dismissed!
Conciliation eﬀorts unsuccessful!
Private Employer! Public Employer!
Individual lawsuit! Suit by attorney general/
Suit dismissed by EEOC/
individual suit - 90 day individual suit - 90 day
Federal District Court!
Wages and !
Money Damages! job-connected losses!
Attorney’s Fees! Injunctive Relief!
• California Fair Employment and Housing Act applies
employers State and
with 5 or local
Inquiry to DFEH! Fair Employment and Housing
Act Employment Complaint
Complaint ﬁles, registered and served (where there is After interview, complainant decides not to
concurrent jurisdiction with the EEOC, the complaint is pursue!
dual ﬁled and referred. The complaint will be
investigated by DFEH! Non-jurisdictional cases and those not
supporting further inquiry are closed!
Pre-determination resolution explored !
If resolved, case is closed!
Investigation! If no provable violation, case closed!
If investigation shows a provable violation,
If settled, case closed!
Formal conciliation if resolution eﬀort
unsuccessful! If conciliation successful, case closed!
Accusation issued and Administrative Hearing or Either party can elect to have the
Lawsuit. If emotional distress damages or administrative
Department litigate in court in lieu of an
ﬁnes are sought in a DFEH accusation, the Respondent
may elect to have the case litigated in civil court.! administrative hearing!
• Department of Fair Employment and Housing!
• Sacramento District Oﬃce!
• Sacramento, CA!
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