Federal Law Governing
- Discrimination
Coverage
Private Employers
Title VII applies
to any "person" engaged in an industry affecting
commerce who employs 15 or more persons in each of 20 consecutive calendar
weeks of the current or preceding year.
The term "person" is expansively construed and explicitly includes the usual organizational structures established to further business purposes. Employers should note that, in order to establish the existence of the requisite number of employees for coverage purposes, nominally separate entities may in some instances be grouped together.
Such a grouping most often occurs where there is interrelation of operations, common ownership and management, and centralized control of labor relations.
The provisions of the Act do not apply to the employment practices of bona fide, tax-exempt private clubs or to religious entities, with respect to the employment of individuals of a particular religion to perform tasks associated with conducting the activities of that entity. In EEOC V. Arabian American Oil Company, No. 89-1838, 55 FEP Cases 449 (1991); the U. S. Supreme Court reversed a long-standing EEOC position and held that Title VII of the Civil Rights Act of 1964 does not apply beyond the United States borders to regulate the employment practices of United States employers employing American citizens abroad.
However, the new Civil Rights Act of 1991 reverses this U.S. Supreme Court decision and makes not only Title VII but the Americans With Disabilities Act applicable to American Citizens working overseas. (See, Section N, Chapter 16.)
Public Employers
Title VII's prohibitions apply to the employment practices of all agencies
of state and local governments.
However, elections or appointments of public officials and the selection of personal staff members, persons or policymaking positions, and persons to exercise constitutional or legal powers by such officials are not subject to the Act.
The employment practices of the federal government were made subject to Title VII by the 1972 amendments.