Tittle VII

p Title VII

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2007

Two separate statutes specifically pertain to discrimination in employment . The first is the Equal Pay Act , which was passed in 1963 (effective date was June 10 , 1964 . The second is Title VII of the Civil Rights Act of 1964 . While the Equal Pay Act deals solely with wages paid to women and men within the same company , Title VII focuses on discriminatory hiring /firing practices and advancement policies within companies (Crouch , 2001 ,

.37-38 . Neither is specific to the issue of sex

discrimination however , they both encompass discrimination on the basis of race , religion , or national origin . Both of these statutes have been applied to interscholastic and intercollegiate athletics , primarily in suits brought by female coaches claiming sex discrimination

Title VII was enacted as a comprehensive prohibition on private acts of employment discrimination . It forbids discriminatory employment practices based on the race , color , religion , sex , or national origin of the applicant . These categories may , however , be used to differentiate between applicants when sex , religion , or national origin is a bona fide occupational qualification (BFOQ . A BFOQ is very narrowly defined as an actual job requirement , not merely a customer or employer preference For example , race is never considered a BFOQ (Crouch , 2001 , 38-40

Title VII also contains a "nonretaliation " provision which prohibits all employers defined in the act from discriminating against any employee or job applicant who has invoked his or her rights under Title VII or who has assisted with or participated in any proceeding brought by someone else (Gregory , 2003 ,

. 28

In the analysis of the courts , the alleged sex discrimination action need not only be based upon a consideration of an unalterable characteristic (like gender ) possessed by the discriminatee but which is not possessed by the discriminator (Minchin , 2001 ,

. 50 . Thus , not only are acts such as terminating female employees when they marry or refusing to accept employment applications from any female actionable but also acts taken by a member of one sex against a member of the same sex can be actionable . A demand for sexual favors directed by one male to another as a condition of employment can be just as discriminatory as a similar demand directed by a male to a female

Title VII is applicable to all employers of more than fifteen persons and it specifically covers almost all state and local government employees as well as employees of most educational institutions . It is enforced by the EEOC , which has the authority to process and investigate any complaints . The EEOC may also bring suits in federal court if necessary . A charge brought by the EEOC is based on what the EEOC perceives to be a pattern or practice of unlawful discrimination which adversely affects an entire class of individuals . The EEOC may also conduct industrywide compliance reviews . If the discrimination found by the EEOC in state or local government cannot be corrected informally the EEOC may refer the matter to the U .S . Attorney...