Title VII – Discrimination and HarassmenT
Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin. Discrimination can arise in different ways—sometimes obvious, sometimes more subtle—but it always involves unfair conduct tied to a protected characteristic.
The two major forms of discrimination are:
Unfair Treatment (Disparate Treatment) – When someone is treated worse because of a protected trait.
Unfair Impact (Disparate Impact) – When a neutral policy harms certain groups more, even without bad intent.
Unfair Treatment (Disparate Treatment)
Unfair treatment happens when an employer treats an employee less favorably because of a protected characteristic, such as race, religion, sex, or national origin. This can include differences in hiring, pay, promotions, assignments, discipline, or firing decisions.
Examples of discrimination include:
A qualified employee is passed over for promotion while less-qualified employees outside their protected group are promoted.
Regularly assigning undesirable tasks only to members in a protected class
Excluding team members from team activities because they are viewed as being in a protected category.
Subjecting members in a protected class to unwarranted criticism or micromanagement that obstructs productivity and damages morale.
Another common form of unfair treatment is a hostile work environment where repeated unwelcome behavior based on a protected trait creates a hostile or intimidating work environment. To be legally actionable, harassment must be severe or pervasive (widespread or frequent) enough to interfere with an employee’s ability to do their job.
Examples of Harassment include:
Constant insults, derogatory comments, ridicule, or threats related to a protected characteristic that humiliate or intimidate an employee.
Frequent instances of making fun of coworkers' accents or speech patterns, contributing to an uncomfortable and discriminatory atmosphere.
The display of symbols of violence or hatred, such as a swastika, an image of a Klansman’s hood, or a noose.
Employees' religious practices or holidays are ridiculed or belittled by coworkers or supervisors, creating tension and discomfort among those who observe these beliefs.
Unfair Impact (Disparate Impact)
Unfair impact occurs when an employer uses a policy or practice that appears neutral but disproportionately harms employees in a protected group — even if the employer did not intend to discriminate. Employers are required to ensure that their policies or practices are truly necessary and do not create needless barriers for protected groups.
Examples of Unfair Impact:
A promotion system that relies heavily on subjective evaluations or tests that tend to disadvantage members of a protected group.
A job posting that imposes heavy physical strength requirements that disproportionately exclude women, even when the job doesn’t truly require strength.
Background screenings that are not job related that disproportionately impact members of a particular protected class’s role or position within the organization.
Sexual Harassment:
Hostile Work Environment and Quid Pro Quo
Sexual harassment is a specific form of discrimination under Title VII. There are two major types of sexual harassment:
Hostile Work Environment: Unwelcome sexual conduct (comments, jokes, advances, visuals) that creates a hostile, intimidating, or offensive work environment. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. The conduct must be so severe or pervasive that it directly or indirectly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
Quid Pro Quo: When a person in power (for example a manager or supervisor) makes workplace benefits (like promotions or raises) dependent on submission to sexual advances.
Examples of a Hostile Work Environment:
A coworker repeatedly makes sexually explicit jokes, making the workplace feel hostile.
An employee is subjected to repeated, unwelcome sexual comments that make the work environment intimidating or hostile.
A colleague frequently touches another employee's shoulder or back during conversations without consent.
A male coworker frequently comments on a female colleague's physical appearance, saying things like "You look stunning today," or "You should smile more."
Examples of quid pro quo discrimination:
A manager offers an employee a promotion in exchange for engaging in a romantic or sexual relationship with them.
An employee is told that if they do not accept their supervisor's sexual advances, they will not receive a raise or will be demoted
A supervisor threatens an employee with termination or a negative job review unless they comply with sexual demands.
An employee is offered preferred shifts, a more desirable office, or other perks in exchange for a sexual favor or relationship.
Damages and Remedies
Under Title VII, employees who prevail in discrimination or harassment cases may be entitled to recover back pay, front pay, compensatory damages for emotional distress, punitive damages for willful violations, and attorneys’ fees and costs. These damages can be substantial, particularly when discrimination has persisted over an extended period.
Important Note About State and Local LaW
Federal protections under Title VII are a starting point. Many states and localities provide broader protections, such as covering smaller employers, protecting additional traits (like marital status or caregiver status), and offering broader damages and remedies including having no cap on the amount of damages that can be awarded.
proving your case:
Knowing your rights and gathering evidence. Learn More
Anti-Retaliation Protections:
Reporting violations without fear. The law protects you. Learn More
independent contractors:
Employee or Contractor? Misclassification Matters. Learn More