Start Here: 5 Things You MUST Know
Title VII covers sex, race, color, religion, and national origin — applies to employers with 15+ employees
Race is NEVER a BFOQ — sex, religion, and age can be in very narrow cases, but race NEVER
Disparate treatment = intentional discrimination. Disparate impact = unintentional but discriminatory effect
ADEA protects workers age 40 and older only — applies to employers with 20+ employees
ADA requires reasonable accommodation unless it causes undue hardship — covers physical, mental, infectious diseases
1. Age Discrimination (ADEA)
Age Discrimination in Employment Act (ADEA)
Protects workers age 40 and older from discrimination in hiring, firing, pay, and terms of employment. Applies to employers with 20+ employees, unions with 25+ members, and employment agencies. Bans mandatory retirement at any age for most workers.
BFOQ Exception
Age CAN be a bona fide occupational qualification in very narrow cases where age is genuinely necessary for job safety or performance.
Example: An airline may argue pilots over a certain age pose safety risks. But a law firm cannot refuse a 55-year-old attorney just because they prefer younger lawyers.
Older Workers Benefit Protection Act
Prevents employers from using benefit plans to refuse hiring older workers. Restricts reducing benefits for older workers unless cost-justified. Sets strict rules for ADEA waivers in severance packages.
Real-World Scenario: ADEA Age Threshold
The Setup: Ed, a 38-year-old plumber, is fired and replaced by a 30-year-old worker.
What Happens: Ed wants to sue for age discrimination under the ADEA.
The Result: Ed CANNOT bring an ADEA claim. He is 38 — two years below the 40-and-over threshold. Even though he was replaced by someone younger, the ADEA does not protect him.
2. Civil Rights Act of 1964 — Title VII
Title VII (The Big One)
Prohibits discrimination based on sex, race, color, religion, or national origin in all aspects of employment. Applies to employers with 15+ employees, labor unions, and employment agencies. After Bostock v. Clayton County (2020), also covers sexual orientation and gender identity.
BFOQ Defense Rules
- Race is NEVER a BFOQ — no situation allows race as a job requirement
- Sex CAN be a BFOQ in narrow cases (e.g., hiring a female attendant for a women's locker room)
- Religion CAN be a BFOQ for religious organizations
Two Theories of Discrimination
Disparate Treatment
Employer intentionally treated someone differently because of their protected class. Intent IS the issue.
Example: A hiring manager says, "We don't hire women for management positions." This is direct, intentional discrimination based on sex.
Disparate Impact
A neutral policy has a disproportionate negative effect on a protected class. Intent does NOT matter — only the discriminatory effect.
Example: A company requires all applicants be at least 5'10". This appears neutral but eliminates most women and many minorities — disparate impact even without discriminatory intent.
Real-World Scenario: Disparate Impact in Insurance
The Setup: An insurance company requires all underwriters to have passed a written aptitude test. The test has no relationship to actual underwriting skills.
What Happens: Data shows 80% of white applicants pass but only 40% of minority applicants pass.
The Result: This is disparate impact. Even though the company did not intend to discriminate, the neutral test disproportionately excludes a protected class. The employer must prove the test is job-related and consistent with business necessity, or eliminate it.
3. Sexual Harassment & Constructive Discharge
Quid Pro Quo
Job benefits or advancement conditioned on submission to sexual advances. A direct exchange: "Do this for me sexually, or lose your job."
Example: A supervisor tells an employee, "If you want the promotion, you need to go out with me this weekend." Advancement is directly tied to sexual compliance.
Hostile Environment
Pervasive offensive conduct creates an intimidating or abusive workplace. No direct exchange required — just a workplace saturated with offensive behavior.
Example: Co-workers constantly make sexual jokes, share explicit images, and make degrading comments. This ongoing conduct makes the workplace hostile even without a direct demand.
Constructive Discharge
When the work environment becomes so intolerable that a reasonable person would feel forced to quit. The employee technically resigned, but the law treats it as a firing because the employer created impossible conditions.
Real-World Scenario: Constructive Discharge
The Setup: Maria's supervisor makes daily sexual comments, displays offensive materials, and assigns her the worst shifts whenever she refuses his advances.
What Happens: Maria cannot take it anymore and quits.
The Result: This is constructive discharge. Even though Maria quit, the law treats it as if she was fired. The employer is liable for hostile environment sexual harassment.
4. Civil Rights Act of 1991, Equal Pay Act & Other Laws
Civil Rights Act of 1991
Strengthened Title VII significantly:
- Allows compensatory AND punitive damages (not just back pay)
- Makes jury trials available for discrimination claims
- Changes burden of proof in disparate impact cases
- Allows recovery of expert witness fees
Equal Pay Act
Requires equal pay for equal work regardless of sex. Jobs must be substantially equal in skill, effort, responsibility, and working conditions.
Example: Mary and Al do the same accounting work. Mary earns $50,000; Al earns $60,000. Unless the difference is based on seniority, merit, or quantity of work, this violates the Equal Pay Act.
Executive Order 11246
Applies to federal government contractors. Requires affirmative action plans — proactive steps to recruit, hire, and promote minorities and women. Just "not discriminating" is not enough.
Immigration Reform & Control Act (1986)
Employers must verify identity and right to work using Form I-9. Prohibits discrimination based on national origin or citizenship status for authorized workers.
Pregnancy Discrimination Act (1978)
Amendment to Title VII. Employers must treat pregnancy the same as any other temporary disability. Cannot fire or refuse to hire based on pregnancy.
Example: Lisa is fired because "we can't have you out on maternity leave during tax season." This violates the Pregnancy Discrimination Act — if the company allows leave for other medical conditions, it must allow the same for pregnancy.
5. Americans with Disabilities Act (ADA)
What the ADA Covers
Much more than just physical disabilities. Applies to employers with 15+ employees.
Physical
Mobility, vision, hearing
Mental Illness
Depression, anxiety, etc.
Infectious
HIV/AIDS, etc.
Addiction
Recovering addicts only
Alcoholism
Protected condition
Reasonable Accommodation
Employers must make reasonable modifications to enable disabled workers to perform essential job functions. Examples: modified workstation, flexible schedule, assistive technology, relocated workspace.
Undue Hardship Defense
An employer does NOT have to provide accommodation if it causes significant difficulty or expense relative to the employer's size, resources, and nature of operations.
Real-World Scenario: ADA Reasonable Accommodation
The Setup: A research company's two-story office has steps at every entrance and no elevator.
What Happens: A qualified wheelchair-using applicant applies for a job on the second floor.
The Result: The company likely violates the ADA. They must provide reasonable accommodation — installing a ramp, relocating the position to the first floor, or installing an elevator if financially feasible.
Rehabilitation Act of 1973
Similar to the ADA but applies to federal government and federal contractors. Section 503 requires contractors with contracts over $10,000 to take affirmative action for disabled individuals. Section 504 prohibits discrimination in any program receiving federal funds.
6. Retaliation Claims
Retaliation Is Independently Illegal
Title VII, ADA, and ADEA all prohibit retaliation against employees who file discrimination complaints, participate in investigations, or oppose discriminatory practices. Retaliation is now the most common charge filed with the EEOC.
Real-World Scenario: Retaliation Claim
The Setup: James, a warehouse worker, files a formal complaint with HR alleging racial discrimination by his supervisor.
What Happens: Two weeks later, James is transferred to the night shift, given the worst assignments, and written up for minor infractions that were previously ignored.
The Result: Even if the original discrimination claim is hard to prove, the employer's retaliatory actions are independently illegal. James has a strong retaliation claim. Courts ask whether a reasonable employee would be discouraged from filing a complaint by this treatment.
Key Numbers: Employer Size Thresholds
15
Employees for Title VII & ADA
20
Employees for ADEA
25
Union members for ADEA
40
Minimum age for ADEA protection
Cheat Sheet
Print this page for quick referenceCore Discrimination Laws
- Title VII: sex/race/color/religion/national origin (15+ employees)
- ADEA: age 40+ (20+ employees)
- ADA: disabilities, reasonable accommodation (15+ employees)
- Equal Pay Act: equal pay for equal work regardless of sex
- Pregnancy Discrimination Act: treat pregnancy like other disabilities
Key Rules
- Race is NEVER a BFOQ
- Disparate treatment = intent required
- Disparate impact = no intent needed, just effect
- Quid pro quo = job benefits conditioned on sex
- Hostile environment = pervasive offensive conduct
- Constructive discharge = forced to quit = treated as firing
- Retaliation = independently illegal, most common EEOC charge
Exam Trap Alerts
1. ADEA Age Threshold Is 40, Not 50 or 55
A 38-year-old cannot bring an ADEA claim even if replaced by someone younger. The protection starts at exactly age 40.
2. Race Is NEVER a BFOQ
Sex, religion, and age can be BFOQs in very narrow cases. Race can NEVER be a BFOQ. There is no exception. If an exam question asks about a racial BFOQ, the answer is always "no."
3. Disparate Treatment vs. Disparate Impact
Treatment requires PROOF OF INTENT. Impact does NOT require intent — just proof a neutral policy disproportionately excludes a protected group. The exam loves mixing these up.
4. Employer Size Thresholds Are Different Per Law
Title VII/ADA = 15 employees. ADEA = 20 employees. FMLA = 50 employees. COBRA = 20 employees. These are commonly tested.
5. Current Drug Users Are NOT Protected by the ADA
Recovering addicts are protected. Current illegal drug users are NOT. Alcoholism is also a protected condition under the ADA.
Quick Reference Summary
Title VII
Sex, race, color, religion, national origin. 15+ employees. Race never a BFOQ.
ADEA
Age 40+. 20+ employees. No mandatory retirement. BFOQ narrow exception.
ADA
Physical, mental, infectious, addiction (recovering). Reasonable accommodation required.
Disparate Treatment
Intentional discrimination. Must prove employer intended to discriminate.
Disparate Impact
Neutral policy with discriminatory effect. No intent required.
Retaliation
Independently illegal. Most common EEOC charge. Cannot punish complainants.