1-C | WHAT CONDUCT DOES TITLE VII PROHIBIT?

Title VII’s employment protections cover the following types of conduct under 42 U.S.C. §2000e-2:

1. For an employer, it is unlawful to discriminate based on a protected class in matters involving:

a) hiring;

b) discharge;

c) compensation; and

d) terms, conditions, and privileges of employment.

It is also unlawful for the employer to “limit, segregate, or classify his [her] employees or applicants in any way which would deprive or tend to deprive any individual of opportunities or which would otherwise affect his [her] status as an employee” because of membership in a protected class.

2. For an employment agency, it is unlawful to “fail or refuse to refer” a person for employment or “otherwise discriminate” against an individual because of his/her protected class. It is also unlawful to classify or refer an individual for employment on the basis of his/her protected class.

3. For a labor organization, it is unlawful to:

a) “exclude or expel from its membership, or otherwise discriminate” against an individual because of his/her protected class;

b) “limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s” membership in a protected class;

c) “cause or attempt to cause an employer to” unlawfully discriminate.

4. For any training program (of “any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining,”) it is unlawful to “discriminate against any individual because of his [her] race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.”

Note:	Under 42 U.S.C. §2000e-2(f), it is not unlawful to take action because of membership in a Communist-based organization. There is also a national security exception under 42 U.S.C. §2000e-2(g).
Note:	Under 42 U.S.C. §2000e-2(h), among other things, it is not unlawful to take different action “pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate” based on a protected class.
Note:	Under 42 U.S.C. §2000e-2(i), the discrimination provisions do not apply “to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.”

American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006

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