7 Things to Know About Title XII
I. Title XII is part of the Civil Rights Act of 1964, signed by Lyndon B. Johnson. This act addressed "the societal and economic need for change." Title XII, "specifically addresses employment discrimination" within the Civil Rights Act.
II. Under Title XII, employers cannot discriminate against, "any individual on the basis of that individual's race, color, religion, sex, or national origin." All federal, state, and local employers with 15 or more employees must abide by Title XII. In addition, U.S. citizens and legal residents of the United States working for U.S. companies abroad are protected under Title XII.
III. Title XII is not only limited to the employment process. In fact, "It is against the law for an employer to discriminate with regard to selection, termination, compensation, terms and, promotion, transfer, work assignments, and any other activity related to employment."
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IX. While not explicitly stated, LGBTQ+ folks are protected by Title XII. In Bostock v. Clayton County, Georgia, the court, "reached its holding by focusing on the plain text of Title VII to reach its conclusion." The EEOC explains that, "If an employer fires an employee because she is a woman who is married to a woman, but would not do the same to a man married to a woman, the employer is taking an action because of the employee’s sex because the action would not have taken place but for the employee being a woman. Similarly, if an employer fires an employee because that person was identified as male at birth, but uses feminine pronouns and identifies as a female, the employer is taking action against the individual because of sex since the action would not have been taken but for the fact the employee was originally identified as male."
What You Should Know: The EEOC and Protections for LGBTQ+ Workers | U.S. Equal Employment Opportunity Commission
X. The story behind Bostock v. Clayton County, Georgia in brief: After joining a gay softball league in Clayton County, Gerald Lynn Bostock terminated from his position as a county employee, and the county stated that his behavior was, “unbecoming of a County employee.” The original lawsuit was dismissed, as Clayton County argued that sexual orientation was not protected under Title XII. Bostock had to appeal to the United States Court of Appeals for the Eleventh Circuit, and later to the U.S. Supreme court.
Bostock v. Clayton County, Georgia | LII Supreme Court Bulletin | US Law | LII / Legal Information Institute (cornell.edu)
XI. In most cases, the time limit for filing a Title XII is 180 days from the discriminatory act(s), though there are extensions and applies to each discriminatory act. It is recommended by the EEOC that, "Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do." You can check all Title XII deadlines here: Time Limits For Filing A Charge | U.S. Equal Employment Opportunity Commission (eeoc.gov)
XII. You can file a charge in person or by mail to an EEOC office. If you believe you have been discriminated against and there is no EEOC office in your area, call toll free 800-669-4000 or 800-669-6820 (TDD). Filing a Charge | U.S. Equal Employment Opportunity Commission (eeoc.gov)