A typical dictionary definition of race is "a local, geographic or global human population distinguished as a more or less distinct group by genetically transmitted physical characteristics [or]…any group of people united or classified together on the basis of common history, nationality, or geographical distribution."
The U.S. Government currently recognizes five minimum racial categories for legislative, programmatic and administrative requirements of the federal government: 1) American Indian/Alaska Native; 2) Asian; 3) Black/African American; 4) Native Hawaiian/Pacific Islander; 5) White.
Hispanic/Latino origin is characterized by the government as an ethnicity, because people of Hispanic/Latino origin can be of any race.
There is no accepted definition of the term color. As used in Title VII, color has frequently been viewed as synonymous with race or as a basis for defining a subclass within a race subjected to disparate treatment.
Color discrimination can occur because of a person's preference for, or aversion to, persons whose skin color differs from his own. Color discrimination can also occur within the same racial group as members of the group may have biases against those whose skin is lighter or darker than their own.
If race or color enters into an employment decision, Title VII is implicated, even if the discrimination involves a distinction among or by members of a particular racial group.
Disparate treatment stems from intentional discrimination - the employer acted in such a way as to deliberately disfavor an individual due to her/his race or color.
A person claiming discrimination based on disparate treatment must show that s/he was a member of a protected class (such as American Indian, Black/African American, etc.), and was treated differently than similarly-situated persons of different backgrounds.
Retaliation is another version of the disparate treatment theory. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between women and men performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.
Simply stated, an employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination.
It is illegal to discriminate against an individual because of her/his birthplace, ancestry, physical, cultural, or linguistic characteristics common to a specific ethnic group.
The EEOC examines with particular concern charges alleging discrimination due to association with persons of a national origin group; discrimination due to attendance at schools or places of worship used by persons of a national origin group; and discrimination because of an individual's or spouse's name is associated with a national origin group.
The ADEA protects individuals who are 40 years of age or older from discrimination based on age. The ADEA has no upper age limit.
ADEA Sections 4(a), (b), and (c) prohibit an employer, employment agency, or labor organization from discriminating against any individual with respect to compensation, terms, conditions, or privileges of employment because of her/his age. These sections also prohibit covered entities from depriving an individual of employment opportunities or taking any other adverse action against an individual because of her/his age.
Title VII's broad prohibitions against sex discrimination specifically cover:
Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)
Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 . Unwelcome verbal or physical conduct of a sexual nature (e.g., sexual advances, requests for sexual favors, etc.) constitutes unlawful sexual harassment, when submission to such conduct is made a term or condition of employment.
Also, when submission to or rejection of such conduct is used as the basis for employment decisions, it is sexual harassment.
In addition, when such conduct unreasonably interferes with job performance or creates an intimidating, hostile, or offensive work environment, it is sexual harassment.
Answer: No. The harasser, as well as the target, can be a woman or a man. Overwhelmingly, the majority of sexual harassment cases involve men as the harassers and women the victims.
Nevertheless, cases do arise in which women harass men. Also, the US Supreme Court recognizes that a man can sexually harass a man and a woman, a woman.
Answer: Yes. Harassment can include: sexual comments, jokes, innuendo; pressure for dates; sexual touching; sexual gestures, and sexual graffiti. Non-sexual, gender-based harassment could include hostile and derogatory comments about women or men as a group.
The US Supreme Court has defined a tangible employment action as "a significant change in employment status." Tangible job benefits (e.g., promotion, job retention, or compensation) are granted or denied based on the submission to or rejection of unwelcome sexual conduct. A tangible employment action can only be carried out by a person with supervisory authority.
Also, the demand for sexual favors in return for job benefits can be explicit or implicit.
No. Unlike tangible employment action harassment, "hostile work environment" harassment can be committed by a supervisor, co-worker or non-employee (e.g., contractor, etc.).
In contrast to a claim of harassment that results in a tangible employment action, a "hostile work environment" harassment claim does not require a showing that the victim was fired, denied a promotion, or otherwise penalized in a tangible way as a result of the harassment.