Which Employees Are Protected by Title VII?

Many job applicants and employees have protections against discrimination under Title VII of the Civil Rights Act of 1964, a federal law that prohibits various forms of employment discrimination. While Title VII is named frequently when questions about employee rights and discrimination arise, it is important to understand which employees are protected by Title VII (and, conversely, which employees may need to seek protection under a different state or federal law). Consider the following information from our South Florida employment discrimination attorneys.

Title VII Protects Employees Against Specific Forms of Discrimination 

Title VII prohibits specific forms of discrimination. Accordingly, to be protected by Title VII in a particular instance of discrimination, the discrimination will need to be on one of the following bases:

• Race;
• Color;
• Religion;
• Sex; or
• National origin.

Included within the category of sex discrimination are: sexual harassment, pregnancy, sexual orientation, and gender identity. If you face discrimination on the basis of another protected characteristic, such as your age or disability, you may still have protections under state or federal law, but under a law other than Title VII.

Discrimination Under Title VII Includes Harassment 

Harassment on the basis of any of the above characteristics, including sexual harassment, is also prohibited by Title VII. As such, if you have been harassed because of your actual or perceived race, color, religion, sex, or national origin, or if you have experienced sexual harassment, you may be protected by Title VII.

The US Equal Employment Opportunity Commission (EEOC) defines harassment as “unwelcome conduct” on the basis of a protected characteristic that falls under the categories of quid pro quo harassment or hostile work environment harassment. The EEOC explains that harassment is unlawful when “enduring the offensive conduct becomes a condition of employment” or “the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

Employees Who Work for Employers with at Least 15 Employees Are Protected 

Finally, in order to be protected by Title VII and to be eligible to file a claim under Title VII, you must work for an employer who has at least 15 employees (including you). If your employer is smaller, it will likely be necessary to discuss alternate ways of seeking a remedy for employment discrimination with assistance from an attorney.

And even if you are protected by Title VII, there are some circumstances in which it might make more sense — based on the particular facts of your case — to file a claim under state law like the Florida Civil Rights Act. A lawyer can advise you on the best path forward as you seek a remedy for employment discrimination in South Florida.

Contact Our Palm Beach Gardens Employment Discrimination Lawyers 

If you have experienced any kind of employment discrimination, as a job applicant or employee, that is unlawful under Title VII, it is important to seek legal advice. You may be able to file a federal employment discrimination charge under Title VII, or it could end up being more advantageous for you to file a state claim under the Florida Civil Rights Act. One of the experienced Palm Beach Gardens employment discrimination attorneys at Sconzo Law Office can discuss the details of your case with you today and assist you with your claim. Contact us for more information.

Sources:

eeoc.gov/statutes/title-vii-civil-rights-act-1964

justice.gov/crt/laws-we-enforce