Under the Civil Rights Act of 1964, Title VII protects individuals from discrimination from employers on the basis of race, color, religion, sex, or national origin. While Title VII only applies to businesses with 15 or more employees, it was crucial legislation for equal employment opportunity. Unfortunately, Title VII has been in place for nearly 50 years, and its provisions are still not upheld by all employers.

Title VII

Before the Civil Rights Act, employers could discriminate against potential employees for any reason. The segregation of the workforce was not only divided between “white jobs” and “black jobs”, women were excluded in many sectors. The highest-paying jobs were held almost exclusively by white men, and manual jobs were predominantly held by racial minorities.

Following legislation prohibiting discrimination by employers, many labor standards were eliminated. For example, there were height regulations for being a police officer that excluded almost all women. In an effort to comply with the Civil Rights Act, law enforcement officials removed the height requirement. Similar adaptations were made in all sectors of the workforce.

Exceptions

Title VII allows employers to discriminate on the basis of race, color, religion, sex, or national origin in certain circumstances when such characteristics are considered a “bona fide occupational requirement” or a BFOQ. The circumstances surrounding BFOQs require that the feature be necessary for an employee to perform the job satisfactorily. For example, when a director chooses an actor for the role of a Cuban general, he can discriminate based on a person’s nation of origin.

The situations in which BFOQs are applied are rare and the requirements surrounding their legality are very strict.

File a complaint

If you have experienced discrimination in the workplace, there are several options for a course of action. Under Title VII, you can file a complaint with your state’s Equal Employment Opportunity Commission (EEOC) or the Fair Employment Practices Agency (FEPA). You must file a complaint with one of these agencies within 180 days of the suspicion of discrimination to be valid. These agencies will take a lawsuit against the employer on your behalf if you do not want to hire a personal attorney.