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It added provisions to Title VII of the Civil Rights Act of 1964 protections expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment. U.S. President George H. W. Bush had used his veto against the more comprehensive Civil Rights Act of 1990. He feared racial quotas would be ...
Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971), was a United States Supreme Court landmark case in which the Court held that under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, refuse to hire women with pre-school-age children while hiring men with such children.
The anti-retaliation provision of Title VII of the Civil Rights Act of 1964 forbids employer actions that "discriminate against" an employee (or job applicant) because he has "opposed" a practice that Title VII forbids or has "made a charge, testified, assisted, or participated in" a Title VII "investigation, proceeding, or hearing".
Although private employers with 15 or more employees are subject to Title VII of the Civil Rights Act, it was held in Washington v. Davis (1976) that the disparate impact doctrine does not apply to the equal protection requirement of the Fifth and Fourteenth Amendments. Thus, lawsuits against public employers may be barred by sovereign immunity.
The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal ...
Specifically, it empowers the Equal Employment Opportunity Commission to take enforcement action against individuals, employers, and labor unions which violated the employment provisions of the 1964 Act, and expanded the jurisdiction of the commission as well.
In United States employment discrimination law, McDonnell Douglas burden-shifting or the McDonnell-Douglas burden-shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim, in particular a "private, non-class action challenging employment discrimination", [1] that lacks direct evidence of discrimination.
Among other things, the suit alleged that, by discarding the test results, the City and the named officials discriminated against the plaintiffs based on their race, in violation of both Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. §2000e et seq., and the Equal Protection Clause of the Fourteenth Amendment ...