Employment Discrimination Law · claim
Title VII of the Civil Rights Act of 1964 is a federal statute that aims to eliminate discrimination in employment. It prohibits employers from discriminating against individuals in hiring, promotion, firing, compensation, job training, or other terms of employment based on specified protected characteristics.
The individual must belong to a group that is protected under Title VII.
What to prove: Demonstrate that the plaintiff is a member of a protected class (race, color, religion, sex, or national origin).
The plaintiff must have experienced an adverse employment action.
What to prove: Show that the employer took an action that negatively affected the plaintiff’s employment status or work environment.
It must be shown that the adverse action occurred because of the individual's protected class status.
What to prove: Establish a causal link between the protected characteristic and the adverse employment action.
The employer may present a legitimate, non-discriminatory reason for the adverse employment action.
What to prove: Demonstrate that the employer’s stated reason is a pretext for discrimination, if the employer provides one.
The burden of proof lies with the plaintiff to establish a prima facie case, after which the burden shifts to the employer to articulate a legitimate reason for the action.
Expect questions that require applying Title VII to hypothetical scenarios, focusing on the identification of protected classes and analysis of employer defenses.