The Civil Rights Act
Title VII Discrimination Statutes
Under Title VII of The Civil Rights Act, employers are not allowed to discriminate against employees based on the following characteristics:
- Race
- Religion
- Sex
- National origin
Adverse employment actions taken against an employee motivated because of an employee’s membership in an above class is illegal; even if the employer’s motives were mixed with legitimate reasons for taking the adverse action.
Adverse employment actions include:
- Failing to hire
- Failing to promote
- Demoting
- Reducing pay
- Reducing hours
- Termination
An employer must have more than 15 employees working each day for 20 or more weeks in the current or previous year to be covered by Title VII.
Statutes of Limitations
Employment discrimination claims can have relatively short statutes of limitations. An employee must file a claim with the federal Equal Economic Opportunity Commission or the California Department of Fair Employment and Housing within 180 days to preserve their right to sue.
After filing a claim either the EEOC or DFEH may investigate the charges and provide the employee with a letter allowing them to bring a lawsuit in court.