Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against a person based on:
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
The statute also protects employees from retaliation for:
- Complaining about discrimination
- Participating in an employment discrimination proceeding (e.g., cooperating as a witness in a discrimination lawsuit)
- Reasonably opposing discrimination (e.g., resisting unwanted sexual advances from a superior)
Title VII cases often arise when an employer prejudices against an employee in the workplace or employment process, such as in recruiting, promoting, transferring, training, assigning work, and measuring performance. For instance, no one should be denied employment or treated differently in the workplace on the basis of perceived racial, religious, national, sexual, or religious characteristics or association with someone with these characteristics.
The Equal Employment Opportunity Commission (EEOC) enforces Title VII, which is applicable to private sector and public sector companies that have 15 or more employees, as well as to employment agencies, state and local governments, and apprenticeship programs. Federal government employees follow a different procedure.
Filing a Title VII Lawsuit
To take legal action against an employer who has infringed on your Title VII rights, you should first file a claim with the EEOC. The EEOC will conduct an investigation of your claims and then give you a Notice of Right to Sue after it closes its investigation, usually within 180 days. This notice gives you the right to sue in federal or state court. If you want to file a lawsuit before the investigation is completed, you can request the Notice of Right to Sue from the EEOC office investigating your charge.
Once you receive a Notice of Right to Sue, you must file your lawsuit within 90 days. Failing to file your Title VII case during this time could prevent you from moving forward with the lawsuit and claiming damages.
If you are a private sector employee who has experienced discrimination in the workplace, you have the right under Title VII to take legal action against your offending employer. Depending on your case, you may be able to recover damages associated with the Title VII violation like lost wages or reinstatement to your former position. Pitre & Associates, LLC has been fighting for the rights of employees for 17 years. The attorneys at the firm can assert your Title VII rights and make sure your private sector employer abides by the law or faces the consequences.
Schedule a free consultation with Pitre & Associates, LLC to learn more. Let’s get started on your private sector Title VII case today.