Discrimination (Title VII)

With over 35 years of combined legal experience, the Atlanta, Georgia employment law attorneys, Kimberly Martin and Tom Martin at the law firm, Martin & Martin, routinely successfully handle cases involving discrimination in employment involving race, religion, sex, and national origin.

Title VII of the Civil Rights Act (Title VII) is the federal law that prohibits discrimination in employment on the basis of race, religion, national origin, and sex (including sexual harassment, pregnancy, sexual orientation, and gender identity). Title VII also makes it unlawful to retaliate against a person because the person complained about discrimination in violation of Title VII, participated in an employment discrimination investigation, filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) or filed a federal discrimination lawsuit. Title VII not only prohibits discrimination that is intentional, it also prohibits practices that have the effect of discrimination against individuals because of their race, national origin, religion, or sex.

Title VII prohibits an employer from discriminating against an individual in any aspect of employment, including:

• Hiring/firing
• Pay and benefits (Equal Pay Act)
• Assignments
• Testing
• Use of the employer’s facilities
• Requests for leave
• Scheduling
• Promotions

Types of discriminatory practices under Title VII include:

• Harassment on the basis of race, color, national origin, sex (including sexual harassment, pregnancy, sexual orientation, and gender identity) or religion;
• Denial of employment opportunities to individuals because of marriage to, or association with, an individual of a particular race, national origin, religion, or sex (including sexual orientation and gender identity);
• Refusal or failure to provide a reasonable accommodation for an individual’s sincerely held religious observances or practices, unless doing so would impose an undue hardship on the operation of the employer’s business, including the inability to receive the COVID vaccine based on religion; and
• Employment decisions made on the basis of stereotypes or assumptions about the abilities or traits of individuals of a certain race, national origin, religion, or sex.

Title VII’s prohibition on discrimination on the basis of religion requires employers to provide a reasonable accommodation for an employee’s sincerely held religious beliefs. Examples of some common religious accommodations that employers are required to make under Title VII include job reassignments, modifications to employment policies or practices, and flexible scheduling. As one of the first law firms in Georgia to file a federal lawsuit against an employer on the basis of discrimination because the employer terminated their client rather than provide them with a reasonable accommodation – telework – due to their client’s inability to receive the COVID vaccine based on decades of religious practice and sincerely held religious beliefs, Atlanta discrimination law attorneys, Tom and Kimberly, determinedly and aggressively litigate their discrimination cases. As one of the founding principles of the firm, Martin & Martin battles to recover every cent that their clients are entitled to under federal employment law statutes because they know the value of that recovery to their clients.

Importantly, in mid-2020, the United States Supreme Court issued a landmark decision holding that the prohibition against sex discrimination under Title VII includes employment discrimination against individuals on the basis of sexual orientation or transgender status. This means that LGBTQ+ applicants and employees are protected from discrimination and harassment in employment on the basis of sexual orientation and gender identity. Employers may not use one’s sexual orientation or gender identity in employment decisions like hiring, firing, promoting, scheduling, etc. and they may not permit harassment or a hostile work environment on that basis either.

Title VII requires an individual to file a Charge of Discrimination with the EEOC within 180 days of the discriminatory or retaliatory action. Once the EEOC issues a Notice of Right to Sue on behalf of the individual, they are permitted to file a federal Title VII lawsuit in court or a demand in arbitration if the employee signed a valid and binding arbitration agreement.

Statute: Title VII of the Civil Rights Act (Title VII).

Who does it Apply to: Title VII applies to employees and employee candidates and it applies to employers who have 15 or more employees during a specific time period.

What does it Say: Title VII prohibits employers from discriminating against employees and employee candidates on the basis of race, religion, national origin, and sex. The term “sex” includes pregnancy, gender identity, and sexual orientation. An employer may not consider race, religion, national origin, or sex when making employment decisions like hiring, promoting, and termination. It also means that an employer may not permit a hostile work environment/harassment on the basis of race, religion, national origin, or sex (sexual harassment). Additionally, Title VII prohibits employers from retaliating against employees for complaining about discrimination on the basis of race, religion, national origin, or sex.

When do You have to Act: Title VII, like several other employment laws, has a statute of limitations that requires employees to file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discrimination or retaliation. Once the EEOC issues a Notice of Right to Sue, the employee has 90 days to file a federal Title VII lawsuit.

Why Should You File a Claim: An employee can recover damages for violations of Title VII, including lost wages and benefits, future lost wages and benefits, compensatory damages, including emotional distress damages, punitive damages, and attorney’s fees and costs of litigation.

How do You File a Claim: Once an individual with a Title VII case retains Atlanta employment law attorneys, Martin & Martin, they will file the Charge of Discrimination with the EEOC, if it has not yet been filed, on behalf of their client. Upon receipt of the EEOC’s Notice of Right Sue, they file the federal Title VII lawsuit in federal court.

Atlanta discrimination law attorneys, Kimberly Martin and Tom Martin, are experienced discrimination and retaliation employment litigators. If your employer has discriminated against you on the basis of race, national origin, religion, or sex (including sexual harassment, pregnancy, sexual orientation, or gender identity), Kimberly and Tom welcome the opportunity to speak with you. The statute of limitations is short and it is running, so speaking with an attorney as quickly as possible is important. Therefore, Tom and Kimberly are typically available for same day free consultations. Fill out the Contact Us form or call the firm directly for same day free consultations.

For more information about employment laws, see Employment Laws Frequently Asked Questions.