LABOR RIGHTS

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Labor Rights & Civil Rights are sometimes intertwined. 

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion. It generally applies to employers with 15 or more employees, including federal, state and local governments. Title VII also applies to private and public colleges and universities, employment agencies, and labor organizations.

“It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
— Title VII, Civil Rights Act of 1964

WHAT DOES TITLE VII DO?

Title VII forbids discrimination in any aspect of employment, including

• Hiring and firing
• Compensation, assignment or classification of employees
• Transfer, promotion, layoff or recall
• Job advertisements
• Recruitment
• Testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans and disability leave
• Other terms and conditions of employment

Title VII also prohibits retaliation against someone for asserting their rights under Title VII.

HOW LONG DO I HAVE TO FILE A CLAIM?

Under Title VII, in general, you need to file within 180 calendar days from the day the discrimination took place (for example, your last paycheck) in order to preserve your legal rights. The deadline is extended to 300 calendar days if a state or local agency, known as a Fair Employment Practice Agency (FEPA), enforces a law that prohibits employment discrimination on the same basis.

You are still able to file a charge within these limitations, even if you do not work for the offending employer anymore.

WHAT IS THE DIFFERENCE BETWEEN THE EQUAL PAY ACT AND TITLE VII?

Title VII’s prohibited practices are broader than those covered by the Equal Pay Act [EPA]. While the EPA only prohibits pay discrimination based on sex, Title VII bars employment discrimination based on race, color, religion and national origin, as well as sex.  Example, workplace harassment would be  covered under Title VII, but not the EPA.

Title VII of the Civil Rights Act - Who is Covered?

Covered:

• All companies and labor unions with 15 or more employees
• Employment Agencies
• State & Local Government
• Apprenticeship Programs

Not Covered:

• Federal Government Employees
• Independent Contractors