Civil Rights Act of 1964: Difference between revisions

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Title VII of the Act, codified as Subchapter VI of Chapter 21 of [[Title 42 of the United States Code]], prohibits discrimination by covered employers on the basis of race, color, religion, sex, or national origin (see {{usc|42|2000e-2}}<ref name = "Finduslaw">{{cite web |url=http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21 |title=Civil Rights Act of 1964 – CRA – Title VII – Equal Employment Opportunities – 42 US Code Chapter 21 |publisher=finduslaw |access-date=June 6, 2010 |archive-url=https://web.archive.org/web/20101021141154/http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21 |archive-date=October 21, 2010 |url-status=dead }}</ref>). Title VII applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" as written in the Definitions section under [https://www.law.cornell.edu/uscode/text/42/2000e 42 U.S.C. §2000e(b)]. Title VII also prohibits discrimination against an individual because of their association with another individual of a particular race, color, religion, sex, or national origin, such as by an interracial marriage.<ref>''[[Parr v. Woodmen of the World Life Insurance Company]]'', 791 F.2d 888 (11th Cir. 1986).</ref> The EEO Title VII has also been supplemented with legislation prohibiting pregnancy, age, and disability discrimination (''see'' [[Pregnancy Discrimination#Pregnancy Discrimination Act|Pregnancy Discrimination Act of 1978]], [[Age Discrimination in Employment Act]],<ref>{{cite web |url=http://finduslaw.com/age_discrimination_in_employment_act_of_1967_adea_29_u_s_code_chapter_14 |title=Age Discrimination in Employment Act of 1967 |publisher=Finduslaw.com |access-date=June 6, 2010 |archive-url=https://web.archive.org/web/20111208062408/http://finduslaw.com/age_discrimination_in_employment_act_of_1967_adea_29_u_s_code_chapter_14 |archive-date=December 8, 2011 |url-status=dead }}</ref> [[Americans with Disabilities Act of 1990]]).
 
In very narrowly defined situations, an employer is permitted to discriminate on the basis of a protected trait if the trait is a [[bona fide occupational qualification]] (BFOQ) reasonably necessary to the normal operation of that particular business or enterprise. To make a BFOQ defense, an employer must prove three elements: a direct relationship between the trait and the ability to perform the job; the BFOQ's relation to the "essence" or "central mission of the employer's business", and that there is no less restrictive or reasonable alternative (''[[United Automobile Workers v. Johnson Controls, Inc.]]'', {{ussc|499|187|1991|reporter-volume=111 S. Ct. 1196}}, 111 S. Ct. 1196). BFOQ is an extremely narrow exception to the general prohibition of discrimination based on protected traits (''[[Dothard v. Rawlinson]]'', {{ussc|433|321|1977}} 97 S. Ct. 2720). An employer or customer's preference for an individual of a particular religion is not sufficient to establish a BFOQ (''Equal Employment Opportunity Commission v. Kamehameha School{{snd}}Bishop Estate'', 990 F.2d 458 (9th Cir. 1993)).<ref>{{cite web |title=Equal Employment Opportunity Commission, Plaintiff-appellant, v. Kamehameha Schools/bishop Estate |url=https://law.justia.com/cases/federal/appellate-courts/F2/990/458/434309/ |website=[[Justia]] |access-date=1 November 2022 |archive-url=https://web.archive.org/web/20120527125620/http://law.justia.com/cases/federal/appellate-courts/F2/990/458/434309/ |archive-date=27 May 2012 |date=10 May 1993 |url-status=live}}{{cbignore}}</ref>
 
Title VII allows any employer, labor organization, joint labor-management committee, or employment agency to bypass the "unlawful employment practice" for any person involved with the [[Communist Party of the United States]] or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the [[Subversive Activities Control Act]] of 1950.<ref>{{cite web|url=https://www.archives.gov/education/lessons/civil-rights-act/images/act-06.jpg|title=H.R. 7152–16|access-date=December 28, 2019|archive-date=March 16, 2016|archive-url=https://web.archive.org/web/20160316134536/http://www.archives.gov/education/lessons/civil-rights-act/images/act-06.jpg|url-status=live}}</ref>