Title VII of the Civil Rights Act of 1964, as amended
Title VII (42 U.S.C. §2000e) prohibits discrimination on the basis of race, color, religion, sex and national origin by any employer with 15 or more employees, that is engaged in an industry affecting interstate commerce. Title VII makes it “an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” Sexual Harassment is recognized as a separate form of sexual discrimination prohibited by Title VII.
Discrimination claims arising under Title VII, as with most discrimination claims, must first be filed “administratively,” with the federal agency responsible for administration and enforcement of the law—the Equal Employment Opportunity Commission (EEOC), before they can be litigated in court. Because the Title VII claim arises under federal law, a complaining party may file suit in federal court. In most (if not all) states, the EEOC has a work sharing arrangement with the state agency responsible for enforcement of state discrimination laws (Pa. Human Relations Commission (“PHRC”), e.g.). Discrimination rights under both state and federal laws can be preserved by a single “dual filing” by the PHRC of all claims arising under both state and federal discrimination laws.
The PHRC is then obligated to process the claim by preparing a complaint; conducting an investigation; and generally attempting to resolve the claim either by settlement, or by rendering a decision as to the viability of the claim. The complaining party must allow the PHRC 1 year to investigate and/or resolve the claim, before the state law portion of the claim can be litigated in court. However, once the complaint is dual-filed with the EEOC, the complaining party need only wait 180 days before requesting that the EEOC issue a “Notice of Right to Sue.” After that Notice is issued, the complaining party will then have 90 days to file suit in court, on the federal law portion of his/her claim. After filing suit on the federal claim(s), the PHRC will normally end its processing of the state law claims, which may then be added to the federal lawsuit by amendment.
Once, in court, the complaining party must prove that discrimination, and not a reason or reasons stated by the employer, was the true motive for an employment decision. Because these claims must almost always be proven by circumstantial evidence of an employer’s intent or motive, they are among the most difficult in the law to prove.
For More information, check the EEOC web site.