CIVIL RIGHTS ACT

This page is for educational and general informational purposes only and summarizes public laws and official guidance from sources such as the EEOC and Congress.gov in plain language. Title 7 LLC is not a law firm, is not licensed to practice law, and does not provide legal advice, legal representation, or legal document preparation services.
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1964 Civil Rights Act

Title VII of the 1964 Civil Rights Act — Equal Employment Opportunities (42 U.S.C. §§ 2000e – 2000e-17)

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Sections:

• Section 701 (Definitions and Coverage) — Defines key terms like “employer,” “employment agency,” “labor organization,” and establishes coverage thresholds.

  • Employers with 15 or more employees (§701(b))

  • Employment agencies (§701(c))

  • Labor unions (§701(d))

  • Employees (§701(f))

  • Religion (§701(j) – includes accommodation and undue hardship)

  • Requires reasonable workplace accommodations for sincerely held religious beliefs unless it causes undue hardship (§701(j))

  • Pregnancy, childbirth, or related medical conditions (§701(k) – part of sex discrimination definition)

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• Section 702 — Provides certain exemptions, such as religious institutions hiring co-religionists.

• Section 703 (Unlawful Employment Practices) — Prohibits discrimination in hiring, firing, segregation, and discrimination in terms and conditions of employment based on race, color, religion, sex, or national origin. Includes BFOQ exceptions and applies to training programs, labor organizations, and employment agencies.
  congress.govWikipedia

  • Employees and job applicants (§703(a)(1) – “fail or refuse to hire” or “discharge”)

  • Apprenticeship and training programs (§703(d) – discrimination in apprenticeship or other training/retraining)

  • Race (§703(a)–(d))

  • Color (§703(a)–(d))

  • Religion (§703(a)–(d); also see §701(j))

  • Sex (§703(a)–(d); includes pregnancy per §701(k) and, by interpretation, sexual orientation and gender identity under Bostock v. Clayton County)

  • Although not explicitly in the original 1964 law, the Supreme Court in Bostock v. Clayton County (2020) held that discrimination based on sexual orientation or gender identity is covered under “sex” discrimination (§703(a), interpreted)

  • Agencies such as the EEOC and DOJ have affirmed that gender identity discrimination falls under Title VII protection (§703(a), agency guidance)

  • National origin (§703(a)–(d))

  • Harassment based on protected traits is prohibited (recognized under §703(a) and enforced through §704(a) in case law and EEOC guidance)

  • Segregate or classify workers in a way that harms protected groups (§703(a)(2))

  • Apply these prohibitions to hiring agencies (§703(b)), labor unions (§703(c)), and training/apprenticeship programs (§703(d))

  • If a Bona Fide Occupational Qualification (BFOQ)—like religion or sex—is essential for the job (§703(e)(1))

  • Religious institutions may prefer co-religionists for certain roles (§703(e)(2))

  • Liability in mixed-motive cases: If discrimination played a role but wasn’t the only reason, the employer can limit remedies (no damages or reinstatement) by proving the same decision would have been made regardless (§703(m); §706(g)(2)(B))

  • Even fair-looking policies that disproportionately disadvantage a protected group are illegal—unless justified by a job-related need (§703(k)(1)(A))

  • Hidden or unintended discrimination: Even if a rule seems neutral, it’s illegal if:
    • It disproportionately harms a protected group (§703(k)(1)(A)(i))
    • The practice lacks a legitimate, job-related reason (§703(k)(1)(A)(ii))

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• Section 704 (Retaliation and Interference) — Forbids retaliation against individuals for opposing discriminatory practices or participating in proceedings.

  • Retaliation against someone for complaining, filing a charge, or participating in an investigation (§704(a))

  • Harassment based on protected traits is prohibited (recognized under §703(a) and enforced through §704(a) in case law and EEOC guidance)

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• Section 705 — Authorizes the U.S. Attorney General to bring enforcement suits when the EEOC is unable to resolve a charge.

  • Filing a Charge — Section 705 authorizes the EEOC to receive formal discrimination charges. This is the gateway to all investigative and enforcement actions.

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• Section 706 (Enforcement and Relief) — Establishes the process for filing charges with the EEOC, EEOC investigations, conciliation, and the private right of action. Includes remedies like injunctive relief and attorney’s fees.​

  • Employees can file complaints with the EEOC, which can investigate, attempt conciliation, or bring the case to federal court (§706(b)–(f))

  • Private lawsuits: Individuals can bring their cases to court after following EEOC procedures (§706(f))

  • Attorney’s fees and costs: Victorious claimants may be awarded reasonable attorney’s fees as part of costs (§706(k))

  • Liability in mixed-motive cases: If discrimination played a role but wasn’t the only reason, the employer can limit remedies (no damages or reinstatement) by proving the same decision would have been made regardless (§703(m); §706(g)(2)(B))

  • Timelines — Filing with the EEOC within statutory deadlines preserves the right to sue later under §706.

  • Standard Deadline:
    A charge must be filed with the EEOC within 180 days of the alleged unlawful employment practice.

  • Extended Deadline (Deferral States):
    If your state or local fair employment agency also enforces laws against the same kind of discrimination, the deadline is extended to 300 days.

  • Virginia, D.C., and Maryland are deferral jurisdictions, so clients there get the 300-day deadline.

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• Section 707 — Religious exemptions and voluntary affirmative action programs.

• Section 708 — Citizenship requirements and national security exceptions.

  • Prohibits using citizenship status as a pretext for discrimination unless specifically required by law or essential to national security. Allows exceptions where a statute, regulation, or government contract lawfully limits employment to U.S. citizens or certain categories of persons for defense or security purposes.

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• Section 709 — States that remedies under other laws, like the subversive activities code, don’t overcome these protections.

• Section 710 — Defines the scope of the Act’s penalties and rights.

• Section 711 — Affected tribal or territorial governments.

• Section 712 — Authority of the Attorney General for statewide enforcement.

  • ​Authorizes the U.S. Attorney General to initiate and conduct enforcement actions when a state or local government engages in patterns or practices of discrimination in violation of the Act. This authority applies where the discrimination affects a class of individuals and is of statewide concern, enabling federal intervention even without an individual complainant.

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• Section 713 — Clarifications on enforcement authority.

• Section 714 — Savings provisions concerning prior existing laws.

• Section 715 — Requires the EEOC to report annually to the President and Congress on progress.

  • The EEOC is responsible for coordinating equal opportunity efforts across federal departments (§715(a))

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• Section 716 — Details the effective date and transition provisions.

• Section 717 (Federal Employment) — Extends Title VII protections to federal employees and departments.

  • Extends all the above protections to federal employees and applicants for federal employment.

  • The EEOC oversees enforcement and must report its progress to Congress and the President (§716)

  • Federal Employees (§717):Federal employees must first contact an EEO counselor within 45 days of the discriminatory event.

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1991 Civil Rights Act

Title I — Federal Civil Rights Remedies​​​

Title I strengthens how discrimination cases work, adds money‑damage remedies and jury trials for intentional discrimination, codifies the disparate impact framework, bans “race‑norming” of test scores, covers some U.S. workers abroad, encourages EEOC training, and tweaks filing/fee rules. EEOC

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Sections:

Sec. 101 — Contracts (42 U.S.C. § 1981 clarified)

• The right to “make and enforce contracts” includes making, performing, modifying, and ending a contract, and enjoying all benefits/terms of the relationship—protected from private and state discrimination.

• This expands § 1981 so race discrimination after hiring (benefits, termination) is clearly covered, not just the initial contract. EEOCCongress.gov

Sec. 102 — Compensatory & punitive damages + jury trial (42 U.S.C. § 1981a)

• For intentional employment discrimination (Title VII and certain disability claims), plaintiffs can recover compensatory (e.g., emotional distress) and punitive damages (not against governments), on top of equitable relief like back pay. If these damages are sought, any party can demand a jury trial.

• Caps by employer size (per person): $50k (15–100 employees), $100k (101–200), $200k (201–500), $300k (500+). Back pay/front pay are outside these caps. EEOCLegal Information InstituteU.S. Courts

Sec. 103 — Attorney’s fees (expert fees)

• Courts may include expert witness fees as part of attorney’s fees in § 1981/Title VII cases.

• Plaintiffs can recover the often‑expensive cost of statistical/psychological experts used to prove discrimination. EEOCCongress.gov

Sec. 104 — Definitions (updates to Title VII’s § 701)

• Adjusts Title VII’s definitions to align with the new remedies and parties (e.g., who counts as a “complaining party”). EEOCLegal Information Institute

Sec. 105 — Disparate impact framework (adds § 703(k), 42 U.S.C. § 2000e‑2(k))

• Core rule: A plaintiff must point to a specific practice that causes a statistical disparity. The employer must prove the practice is job‑related and consistent with business necessity. The plaintiff can still win by showing an alternative practice with less impact that the employer refused.

• If a decision process can’t be separated, courts may analyze it as a single practice. Legal Information Institute

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Section 105 says that if a workplace rule or decision process looks neutral but ends up hurting a protected group (race, color, religion, sex, national origin) more than others, it can be illegal.

• The employer must prove the rule is truly job-related and necessary for the business.

• Even if they prove that, you can still win if you show there’s a different way to meet the same goal that would cause less harm, and they refused to use it.

• This section thrives on patterns and statistics.

• Circumstantial evidence like promotion data, assignment records, training access logs, and performance evaluation trends can show that a “neutral” rule actually blocks a protected group.

• You rarely get a direct admission here—so circumstantial patterns are the main weapon.

• Example: Promotion records over five years show that a certain categorized group of employees are promoted at half the rate of another group of employees based on identity despite similar performance scores, revealing through circumstantial evidence that the company’s “leadership potential” review process has a discriminatory impact.

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Sec. 106 — No “race‑norming” or altering test scores (§ 703(l))

• It’s illegal to adjust scores, use different cutoffs, or otherwise change test results based on race, color, religion, sex, or national origin. EEOC

Sec. 107 — Motivating‑factor rule + limited remedies (adds § 703(m) and amends § 706(g))

• If a protected trait was a motivating factor (even if not the only factor), that establishes a violation.

• But: If the employer proves it would have made the same decision anyway, remedies are limited to declaratory/injunctive relief and attorney’s fees—no damages/reinstatement. Legal Information Institute

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Section 107 makes it illegal for an employer to let a protected trait—race, color, religion, sex, or national origin—be any part of the reason for a job decision, even if other reasons also played a role.

• If you can prove the trait was a motivating factor, you win the violation.

• If the employer then proves they would have made the same decision anyway for other reasons, your remedies are limited to things like policy changes, court orders to stop the practice, and attorney’s fees—not money damages or reinstatement.

• Circumstantial evidence can link biased remarks, historical exclusion, or inconsistent explanations to a decision.

• Example: Emails or meeting notes hinting at “fit” or “client image” concerns, paired with a track record of bias, can prove that the protected trait was a motivating factor.

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Sec. 108 — Protects court‑ordered remedies from collateral attack (§ 703(n))

• If an employment practice implements a consent decree or judgment resolving discrimination claims, later challenges are limited, with specific notice/representation safeguards.

• Gives stability to settlements/consent decrees. Legal Information Institute

Sec. 109 — Extraterritorial coverage & foreign‑law exception

• Extends Title VII/ADA coverage to U.S. citizens working abroad for U.S. or U.S.‑controlled employers, but not where compliance would cause a foreign‑law conflict; also clarifies coverage for foreign employers in the U.S. GovInfoEEOC

Sec. 110 — EEOC Technical Assistance Training Institute

• Establishes an EEOC training arm to provide education and technical help on the laws it enforces. EEOCEEOC

Sec. 111 — Education & outreach (EEOC)

• Directs the EEOC to broaden outreach so employers and workers understand their rights and obligations. EEOC

Sec. 112 — Seniority systems: easier to challenge (overrules Lorance)

• Adjusts the filing clock so a Title VII “unlawful practice” involving a seniority system occurs when the system is adopted, applied to the person, or when the person becomes subject to it—making challenges more practical. Legal Information Institutelaw.bepress.com

Sec. 114 — Federal‑sector suits: more time + interest

• Extends the time to file a federal‑sector Title VII suit from 30 to 90 days, and allows the same interest on awards as in cases against private employers. EEOC

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Sec. 115 — Age Discrimination in Employment Act (ADEA) Notice / Limitations

• In Age Discrimination in Employment Act (ADEA) cases, workers have 90 days after EEOC notice to file in federal court.

• This aligns ADEA deadlines with other employment laws (Title VII, ADA), creating one standard timeline.

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Sec. 116 — Affirmative action/conciliation not affected

• The 1991 changes don’t invalidate lawful court‑ordered remedies, affirmative action plans, or conciliation agreements. EEOC

Sec. 117 — Legislative branch coverage

• Applies Title VII‑type rights to the House of Representatives and to congressional instrumentalities, with each setting its own procedures (later superseded in part by the Congressional Accountability Act). EEOC

Sec. 118 — Alternative dispute resolution

• Encourages mediation, conciliation, arbitration, etc., where allowed by law, to resolve employment discrimination disputes. GovInfo

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Title II — The Glass Ceiling Act of 1991 (All Expired on 11-21-1995)

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Creates a federal Glass Ceiling Commission and a national award program to study and promote advancement of women and minorities into management/decision‑making roles

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Note on Sunset Provision: Title II of the Civil Rights Act of 1991 (the “Glass Ceiling Act”) was a temporary program. Its provisions establishing the Glass Ceiling Commission and National Award automatically expired on November 21, 1995, under a built-in “sunset clause.” These programs are no longer in force, but the reports and findings from that period remain part of the public record.

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Sections:

• Sec. 201 — Short title. Calls this title the “Glass Ceiling Act of 1991.” GovInfo

• Sec. 202 — Findings & purpose. Congress finds artificial barriers remain; purpose is to study barriers and promote opportunities (including through a national award). GovInfo

• Sec. 203 — Commission established. Creates a Glass Ceiling Commission, outlines membership, staffing, and mission to recommend how to eliminate barriers and expand developmental opportunities. GovInfo

• Sec. 204 — Functions. Directs the Commission to study hiring/promotion to management, credential‑building practices, and compensation/rewards; gather data; hold hearings; and recommend best practices. GovInfo

• Sec. 205 — National Award. Establishes an annual award recognizing employers that excel at opening pathways to higher‑level positions for women/minorities. GovInfo

• Secs. 206–208 — Powers, recommendations, reports. Grants typical commission powers (e.g., hearings), requires reports to the President and Congress with findings/recommendations. GovInfo

• Sec. 209 — Funding. “Such sums as necessary,” available until expended. GovInfo

• Sec. 210 — Termination. Commission and award authority end 4 years after enactment (Nov. 21, 1991). GovInfo

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IMPORTANT TIMELINES TO REMEMBER:

1. Private-Sector Employees (e.g., companies, nonprofits)

• Initial EEOC Charge Deadline (from incident):

  • 180 days (standard rule).

  • 300 days if your state or city has its own fair-employment agency (“deferral state/jurisdiction” like VA, DC, MD).

• Court Lawsuit Deadline (after EEOC notice):

  • 90 days from the EEOC’s right-to-sue notice (Title VII §706(f)(1), also ADEA/ADA via cross-reference).

 

2. State & Local Government Employees (SLED)

• Treated the same as private-sector employees under Title VII §706.

• 180/300 days to file with EEOC, then 90 days to sue after right-to-sue notice.

 

3. Federal Employees (Title VII §717, 42 U.S.C. §2000e-16)

• Initial Deadline: Must contact an agency EEO counselor within 45 days of the alleged discriminatory act.

• If unresolved, can file a formal complaint with the agency, then appeal to EEOC or sue in court.

• Court Lawsuit Deadline: After agency/EEOC issues its final decision, the employee has 90 days to file in court (extended from 30 → 90 by Title I, Sec. 114).

 

4. ADEA (Age Discrimination in Employment Act)

• Private/SLED employees: Same 180/300-day EEOC charge deadlines as Title VII.

• Federal employees (special rule): May either:

  • File with EEOC (same 45-day counselor rule as Title VII federal workers), or

  • Skip EEOC and file directly in federal court, as long as they give the EEOC 30 days’ notice of intent to sue.

• Court Lawsuit Deadline: Always 90 days after EEOC right-to-sue notice (Sec. 115 clarified this).

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