Title VII — Civil Rights Act
1964
Year Enacted
Foundation of EEO law
15+
Employees
Employer coverage threshold
5
Protected Classes
Race, color, religion, sex, national origin
five doors no employer can lock
The Five Protected Classes
Picture five doors in a corridor. Title VII says no employer can lock any of them against a qualified applicant. BFOQ is a master key — but it does not work on the first two.
how to read this
- › The first two doors (race and color) are padlocked shut against BFOQ. No exception, ever.
- › The other three doors (religion, sex, national origin) can be opened by BFOQ in narrow circumstances.
- › Sex includes sexual orientation and gender identity since Bostock 2020.
- › When the exam offers a "reasonable" race-based BFOQ as an option, that's the trap.
headcount triggers — memorize cold
When Does Title VII Kick In?
Each tick is a different law. As headcount grows, more obligations attach. Title VII activates at 15.
Amendments That Reshaped Title VII
Title VII enacted
Five protected classes. 15-employee threshold.
Pregnancy Discrimination Act
Pregnancy folded into sex discrimination.
Civil Rights Act
Jury trials. Compensatory + punitive damages.
Lilly Ledbetter Fair Pay Act
Each new discriminatory paycheck restarts the 180-day clock.
Bostock v. Clayton County
SO + GI confirmed under sex discrimination.
Exam Traps
BFOQ NEVER applies to race or color
Religion, sex, and national origin can sometimes qualify in narrow contexts. Race and color cannot — under any circumstance.
Title VII threshold is 15, not 20 or 50
Candidates confuse it with ADA (15), ADEA (20), or FMLA (50). Memorize the headcount triggers separately.
Sexual orientation and gender identity ARE covered
Bostock v. Clayton County (2020) confirmed both fall under sex discrimination. No separate amendment needed.
Political views are NOT a federal protected class
Some states protect political activity. Federal Title VII does not. The exam exploits the assumption.
BFOQ blacklist
BFOQ on race or color is the surest way to lose the question. Not a narrow case — never.
Bostock settled it
Bostock 2020 confirmed sexual orientation and gender identity fall under sex. No separate statute.
Each one represents a protected class — race, color, religion, sex, national origin. Title VII says no employer can lock any of them against a qualified applicant.
The employer keeps it in a glass case. They can break the glass for religion, sex, or national origin in narrow cases. Not for race. Not ever for color.
Open a door (file a charge) and the alarm protects you from the employer slamming a different door later.
Compensatory damages. Punitive damages. Jury trials. Title VII without 1991 is just a polite request — with 1991, it has consequences.
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