LECTURE NOTES The Structure of Title VII 1. Title VII prohibits employers who employ 15 or more employees from discriminating in any aspect of employment on the basis of race, color, gender, national origin or religion. 2. Unions and employment agencies are covered also, but not independent contractors. 3. The law only applies to those who deal in interstate commerce, but that is almost a as the interpretation of interstate commerce by courts has been so broad until it would be difficult for an employer to use that as a basis upon which to be exempted. 4. Religious establishments which employ workers, those whose business is operated near Native American reservations and who therefore discriminate in favor of Native Americans, and those who wish to discriminate on the basis of membership in a Communist organization are permitted to disregard Title VII's prohibitions. 5. Until passage of the Civil Rights Act of 1991 compensatory and punitive damages were not allowed in Title VII cases, nor were jury trials permitted. 6. Plaintiffs may now receive compensatory and punitive damages, and in cases where damages are requested, either party may request a jury trial. 7. Damages in all but race and national origin cases are capped at $300,000 total, depending upon the number of employees, though medical payments are not subject to the cap. 8. Undocumented workers are covered by the law, but EEOC is presently reexamining the available remedies. Case Example: 154 F3d. Dawavendewa v. Salt Project Agricultural Improvement and Power District, 1117 (9th Cir. 1998) Issue: Whether Title VII’s Native American preference provision permits discrimination on the basis of tribal affiliation among Native Americans or only between Native Americans and Americans. Facts: A private employer operating a power plant in northeast Arizona under a lease agreement with the Navajo Nation includes in the agreement a preference for Navajos.” A member “local of the Hopi tribe living three miles from the Navajo reservation applied for a position and alleged that with his test scores, he would have been hired if he were a member of the Navajo Nation or married to a Navajo. The employer refused to consider the applicant who then sued under Title VII. Decision: The court said that the purpose of the Native American preference exemption to Title VII is to grant preference to all Native Americans who live near a reservation over non-Native
LECTURE NOTES The Structure of Title VII 1. Title VII prohibits employers who employ 15 or more employees from discriminating in any aspect of employment on the basis of race, color, gender, national origin or religion. 2. Unions and employment agencies are covered also, but not independent contractors. 3. The law only applies to those who deal in interstate commerce, but that is almost a as the interpretation of interstate commerce by courts has been so broad until it would be difficult for an employer to use that as a basis upon which to be exempted. 4. Religious establishments which employ workers, those whose business is operated near Native American reservations and who therefore discriminate in favor of Native Americans, and those who wish to discriminate on the basis of membership in a Communist organization are permitted to disregard Title VII's prohibitions. 5. Until passage of the Civil Rights Act of 1991 compensatory and punitive damages were not allowed in Title VII cases, nor were jury trials permitted. 6. Plaintiffs may now receive compensatory and punitive damages, and in cases where damages are requested, either party may request a jury trial. 7. Damages in all but race and national origin cases are capped at $300,000 total, depending upon the number of employees, though medical payments are not subject to the cap. 8. Undocumented workers are covered by the law, but EEOC is presently reexamining the available remedies. Case Example: Dawavendewa v. Salt Project Agricultural Improvement and Power District, 154 F3d. 1117 (9th Cir. 1998) Issue: Whether Title VII’s Native American preference provision permits discrimination on the basis of tribal affiliation among Native Americans or only between Native Americans and Americans. Facts: A private employer operating a power plant in northeast Arizona under a lease agreement with the Navajo Nation includes in the agreement a preference for “local Navajos.” A member of the Hopi tribe living three miles from the Navajo reservation applied for a position and alleged that with his test scores, he would have been hired if he were a member of the Navajo Nation or married to a Navajo. The employer refused to consider the applicant who then sued under Title VII. Decision: The court said that the purpose of the Native American preference exemption to Title VII is to grant preference to all Native Americans who live near a reservation over non-Native
Ch03%20Title%20VII%20of%20The%201964%20Civil%20Rights%20Act.docx