Understanding Title VII
Jessica Keenan, General Manager, Auto HR
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Housekeeping
 Course Level: Basic
 Prerequisites: None required
 Advanced Preparation: None required
 Instructional Delivery Method: Group Internet
based
 CPE Credits: 50-60 minutes. One (1) credit hour is
available for this session.
 Questions
 Evaluation
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Learning Objective
At the end of the presentation, attendees
will have an understanding of Title VII:
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Who is covered?
What is the scope?
EEOC Statistics
Damages in Cases of Intentional
Discrimination
What you can do to protect your business
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American History
Civil Rights Act of 1964
 Landmark legislation
 Outlawed segregation in schools, public places
and employment
 Created the Equal Employment Opportunity
Commission (EEOC)
 Far reaching effects and tremendous long-term
impacts
 Debut of Title VII
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American History
Civil Rights Act of 1991
 Combined elements from prior civil rights acts of the
past
 Strengthened federal civil rights laws
 Response to a series of US Supreme Court decisions
limiting the rights of employees who had sued their
employers for discrimination
 Authorizes compensatory and punitive damages in
cases of intentional discrimination, and provides for
obtaining attorneys' fees and the possibility of jury trials
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What is Title VII?
 Title VII prohibits employers from discriminating
against any person with respect to their
compensation or other terms and conditions
of their employment based on race, color,
religion, sex or national origin
 It also prohibits discrimination against an
individual because of his or her association
with another individual of a particular race,
color, religion, sex, or national origin
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Retaliation
 An employee who makes a good-faith report of
possible harassment is protected from retaliation
 Retaliation is against the law
 Retaliation can be more serious than the actual
complaint of harassment
 Retaliation is not tolerated:
– When someone resists offensive behavior, reports it,
or participates in an investigation
– Even if the complaint of harassment is found to be
without merit
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Protected Background
The following are protected categories under Federal and State Law:
Race or Color
 Religious Beliefs
 National Origin or
Ancestry
 Physical or Mental
Disability
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Sex/Gender
Age
Pregnancy
Marital Status
Sexual Orientation
Medical Condition
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Illegal Harassment versus Inappropriate
Conduct or Behavior
 In the workplace and as used in this
presentation, the term “harassment” refers to
the illegal form of discrimination
 Employees often say they are being harassed,
however, when they are subjected to
inappropriate conduct or behavior which is not
illegal but unacceptable in the workplace
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Illegal Harassment versus Inappropriate
Conduct or Behavior
Examples of workplace bullying include:
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Social bantering, teasing and gossip
Verbal Abuse and profanity, humiliation, constant criticism
Stealing the credit for work performed by the victim
Personal and professional denigration
Overt threats
Assignment of unrealistic workloads
Aggressive e-mails and notes
Professional exclusion or isolation
Sabotage of career
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Illegal Harassment versus Inappropriate
Conduct or Behavior
 There is no specific federal or state anti-bullying
legislation in the United States
 If the offending behavior is pervasive enough
to be considered threatening, intimidating or
hostile, there is potential for a claim of
constructive discharge, intentional infliction of
emotional distress or relating the bullying to
protected class discrimination
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Who is covered by Title VII?
 Any business engaged in an industry that affects
commerce and employs fifteen (15) or more
employees, any employment agency and any
labor organization
 An “employee” means an individual employed by
an employer and includes both full and part time
employees
 The term “affecting commerce” is so broad that it
is best to assume that every employer and every
labor organization with fifteen (15) or more
employees is covered
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What is the scope of Title VII?
 Applies to all aspects of the employment
relationship:
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Recruitment/Hiring
Training
Job Assignments
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Evaluations
Wages and Benefits
Layoffs and Terminations
 Prohibits behavior that is intentionally
discriminatory as well as behavior that simply
has the effect of being discriminatory
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Who enforces Title VII?
 Enforced by an independent
federal commission called the
Equal Employment Opportunity Commission
(EEOC)
 In order for the individual to pursue a
discrimination case, they must first file an
administrative complaint with the EEOC
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Who enforces Title VII?
 Persons who evaluate and decide outcomes
have keen sense of fairness
 Juries are not generally sympathetic to
companies
 Paramount that employers properly handle
and all charges of discrimination filed with the
EEO or other enforcement agencies
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EEOC Statistics - 2012
99,412 charges filed in FY 2012
$365.4 million in monetary recovery
2012 Number of Claims Filed
Contributing Factors
Retaliation
38.1%
 Employees’ greater awareness of
the law and their rights
 Changing economic conditions
 Increased diversity in the workplace
Race
33.7%
Sex
30.5%
Disability
26.5%
Age
23%
National
Origin
10.9%
Religion
3.8%
 A blurred distinction between workrelated behavior and social
interaction
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Discrimination is Costly
Fines due to Civil Rights violations
 More than 24,000 discrimination suits are filed
annually in U.S. federal court; many more are
filed each year in U.S state courts
 In the US, the average dollar amount of
compensatory damages awarded is over
$250,000
 Additionally, punitive damages are awarded in
almost one-third of the cases
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Damages in Cases of Intentional
Discrimination
 Compensatory Damages - damages recovered in
payment for actual injury or economic loss
 Punitive Damages - damages are awarded if the
complaining party demonstrates that the respondent
engaged in a discriminatory practice or practices with
malice or with reckless indifference to the federally
protected rights of an aggrieved individual
 Attorney’s Fees - fees can quickly become exorbitant.
Attorney’s fees may be awarded to the prevailing party
 Managers and Supervisors can be held personally liable
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Types of Harassment
 Hostile Environment
Ongoing, pervasive, or
severe behavior that
alters the conditions of
employment and
creates an intimidating,
or offensive work
environment
 Quid pro Quo
This for that.
Exchanging job
benefits for sexual
favors or threatening
to deny job benefits if
sexual favors aren’t
given
Conduct does not have to rise to the level of unlawful behavior in order for it to
be against company policy or inappropriate in the workplace
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Polling Question #1
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Scenario
Walter, a supervisor, often addresses his subordinates
as “dumbass” or “s___head” when he is angry. Dave
just got an earful for backing the forklift into a stack of
product. Dave files a complaint of harassment
against Walter with Human Resources.
Choose the best answer:
A. Walter cannot be disciplined since the anti-harassment
policy does not apply to supervisors.
B. Walter is a bad supervisor, but has not violated the antiharassment policy.
C. Walter has violated the anti-harassment policy.
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Verbal Harassment
Examples of verbal sexual harassment
1. Dirty or off-color jokes
2. Discussing sexual topics or
fantasies
3. Flirting / sexual advances
4. Boasting of sexual conquests
5. Intimate questions re: sex life
6. Intimate nicknames, pet
names
7. Excessive compliments or
requests for dates
8. Commenting on body
parts
9. Sexual innuendos
10.Whistling, cat-calls, etc.
11.Sexual Profanity
12.Harassing voice mails or
emails
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Physical Harassment
Examples of physical sexual harassment
1. Hugging and kissing
2. Touching hair, body, or
clothing
3. Neck or shoulder
massages
4. Winking, lip-licking,
leering or ogling
5. Leaning over, cornering,
pinching, brushing up
against someone
6. Unwanted gifts and
favors
7. Exposing oneself
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Visual Harassment
Examples of visual sexual harassment
1. Posters, pin-ups,
calendars, etc.
2. Magazines
3. E-mails
4. Web-sites
• Screen savers
• Text messages or
images
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Harassment
Examples of harassment based on
other protected categories
1. Slurs and insults
2. Ethnic jokes
3. Name calling
4. Making fun of an accent
5. Ridiculing cultural or
religious behavior
6. Nicknames
7. Threatening or
intimidating comments
8. Displaying derogatory
pictures
9. Stereotypes
10. Any other conduct that
demeans or stigmatizes
someone
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Polling Question #2
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Scenario
Steve tells dirty jokes to anyone who will listen. One
day he tells some jokes to a group that includes Sheryl,
who says, “That’s nothing. Did you hear the one
about…?” Then, Steve tells an even more disgusting
joke, which causes Sheryl to become upset and run
away.
Choose the best answer:
A. Steve should not be disciplined since no one filed a formal
complaint.
B. Both Steve and Sheryl should be counseled for telling dirty
jokes.
C. Steve should not be disciplined since Sheryl told a joke
also.
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U-Haul to Pay EEOC Sues Wells Fargo for
$750,000 to
Same-Sex Sexual
Settle EEOC
Harassment
Racial
Harassment &
Retaliation Suit
MCM Elegante
Hotel Settles
Religious
Mercy hospice
Discrimination
to pay $60,000
Lawsuit with
to settle
EEOC
disability
ABERCROMBIE & FITCH SETTLES TWO PENDING
discriminatio
RELIGIOUS
DISCRIMINATION SUITS
Racial Harassment and Retaliation
 The Charge: African-American employees were
subjected to racial slurs and other racially offensive
comments by their white supervisor
 The Verdict: Eight African-American current and former
employees were subjected to race and retaliation
discrimination
 The Penalty: $750,000 in monetary relief; two-year EEOC
consent decree that ensures employees are not
discriminated against based on race and from
retaliating against workers who assert their rights under
Title VII
EEOC v U-Haul Company of Tennessee, September, 2013
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Same-Sex Sexual Harassment
 The Charge: Female Manager created a sexually hostile
work environment for a class of female employees
 The Verdict: Four female bank tellers employed at a
Reno Nevada Wells Fargo branch regularly faced
graphic sexual comments, gestures and images from a
female service manager and another female bank teller
 The Penalty: Still pending. EEOC filed a law suit in U.S.
District Court after first attempting to reach a prelitigation settlement through its conciliation process
EEOC v Wells Fargo Bank, N. A. , September, 2013
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Disability Discrimination
 The Charge: Pre-employment discrimination based on
applicant’s disability, deafness
 The Verdict: The Company refused to hire applicant
despite her qualifications and ability to perform the
team member position, with or without a reasonable
accommodation
 The Penalty: $35,000 in monetary relief; three-year
consent decree with the EEOC that enjoins the
Company from future discrimination on the basis of
disability
EEOC v Toys”R”Us-Deleware, Inc., October, 2013
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Polling Question #3
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Scenario
A supervisor in the Accounting department refers to one of
her employees as an “old gal” who is “over the hill” and
has problems using a computer because of her age. Is
this illegal harassment or workplace bullying?
Choose the best answer:
A.
B.
C.
Neither. If the employee does not know how to use a computer
and the position requires it then it is not the employer’s issue.
It is not illegal but certainly not polite.
Both. If the employee is 40 years of age or over, they are
protected under federal law and the scenario above could be
illegal harassment. If the employee is under 40 years of age, the
behavior may not be illegal but would be considered workplace
bullying.
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What is Meant by “At-Will” Employment?
 Ancient legal doctrine that continues to influence
today’s employer-employee relationship. The doctrine
states:
An employer can hire or fire any person they wish,
for any reason or for no reason. Likewise, an
employee can accept or quit any job at any time,
for any reason or for no reason…
 While employment at-will is still enforceable law, there
are a number of exceptions
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What is Meant by “At-Will” Employment?
 Employment Contracts – Does not apply if the employee
is working pursuant to an employment contract
 Federal Law – Any United States statute or case law that
applies to the employment relationship will control over
employment at-will
 State Law – Statutes and case law where employer has
employees will control over employment at-will
 Public Policy – No employment decision can be based
on any factor that violates public policy
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What Can You Do to Protect Your
Business?
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Education
Training
Policies
Problem Solving
Procedure
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Employee Hot Line
Communication
Consistency
Documentation
Common Sense
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Affirmative Defense
United States Supreme Court rulings
make it clear that employers can
defend against many types of
workplace discrimination claims if the
employer can show that:
 It has a valid policy against workplace harassment
and discrimination
 It has taken all reasonable steps to prevent and
promptly correct any harassment or discrimination in
the workplace
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“An ounce of
prevention is
worth a pound
of cure”
Benjamin Franklin