Title VII: Workplace Discrimination
Employment Law · Lesson 02
Title VII: Workplace Discrimination
這一課問的是：僱主是否依種族、膚色、宗教、性別、原籍歧視員工，違反 Title VII？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Has the employer discriminated against the employee on the basis of race, color, religion, sex, or national origin in violation of Title VII?
這一課問的是：僱主是否依種族、膚色、宗教、性別、原籍歧視員工，違反 Title VII？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Title VII
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42 USC §2000e: bars employment discrimination on basis of race, color, religion, sex, or national origin.
Title VII。
protected class
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Race, color, religion, sex (including pregnancy + sexual orientation + gender identity), national origin.
受保護類別。
disparate treatment
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Intentional discrimination — different treatment based on protected trait.
差別對待。
disparate impact
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Neutral policy that disproportionately burdens protected group.
差別影響。
McDonnell Douglas burden shift
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Prima facie → employer's legitimate reason → pretext.
McDonnell Douglas 推定。
BFOQ
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Bona fide occupational qualification defense (narrow).
BFOQ 抗辯。
EEOC
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Equal Employment Opportunity Commission — enforces Title VII.
EEOC。
Issue · what this lesson is really about
Has the employer discriminated against the employee on the basis of race, color, religion, sex, or national origin in violation of Title VII?
這一課問的是：僱主是否依種族、膚色、宗教、性別、原籍歧視員工，違反 Title VII？
Trigger words & phrases that should flag this issue:
discriminationracesexdisparate treatmentdisparate impactBFOQ
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State Title VII | Title VII bars discrimination on the basis of race, color, religion, sex, or national origin in hiring, firing, and other employment terms. | Title VII 禁僱用、解僱、其他僱用條件之歧視。 |
| Apply McDonnell Douglas | Plaintiff makes prima facie case; employer offers legitimate non-discriminatory reason; plaintiff shows pretext. | 三步證明結構。 |
| Apply disparate impact | Facially neutral policy disproportionately burdening a protected class violates Title VII unless job-related and consistent with business necessity. | 差別影響：除非與工作相關且符合業務必要，否則違法。 |
| Apply BFOQ | BFOQ defense limited — race is never a BFOQ; sex is BFOQ only in very narrow contexts. | BFOQ 限制窄；種族永不為 BFOQ。 |
| Apply Bostock | Title VII's "sex" prohibition includes sexual orientation and gender identity (Bostock v. Clayton County). | Bostock：性別涵蓋性傾向與性別認同。 |
Rule Sentence · the workhorse
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, sex, or national origin; sex includes pregnancy, sexual orientation, and gender identity (Bostock v. Clayton County, 2020).
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人employer僱主
Act 行為making employment decision作僱用決定
Object 對象employee in protected class受保護類別員工
Standard 法律標準Title VII protected basisTitle VII 受保護基礎
Consequence 後果discrimination claim歧視訴訟
Casebook Snapshot · a real American case
McDonnell Douglas Corp. v. Green
Holding. In a Title VII disparate-treatment case, the plaintiff makes a prima facie case by showing (1) membership in a protected class, (2) qualification for the position, (3) adverse employment action, and (4) similarly situated persons outside the class were treated more favorably. The burden then shifts to the employer to articulate a legitimate non-discriminatory reason. The plaintiff then must show pretext.
Why it matters. McDonnell Douglas is the master analytical framework for Title VII disparate-treatment claims — used in millions of cases.
McDonnell Douglas 三步舉證結構：原告 prima facie → 僱主合法理由 → 原告證明託辭。
Common Mistakes · what trips students
✗ Title VII 僅限 federal employers。
✓ Applies to private employers with 15+ employees, federal, state, local.
適用於 15+ 員工之私人僱主。
✗ sexual harassment 不是 Title VII。
✓ Sexual harassment IS discrimination because of sex.
性騷擾屬性別歧視。
✗ intent 為必要。
✓ Disparate impact does not require intent.
差別影響不需意圖。
Mini IRAC · build the Application
Issue. Has P established a prima facie Title VII disparate-treatment claim when P (Black) was passed over for promotion in favor of a less qualified white employee?
Rule. Under McDonnell Douglas, plaintiff makes a prima facie case by showing (1) protected class, (2) qualification, (3) adverse action, and (4) more favorable treatment of similarly situated comparators outside the class.
Application (model). P is Black (protected class), was qualified for the promotion, was passed over (adverse action), and a less qualified white employee received the promotion (favorable treatment of comparator outside the class). Because McDonnell Douglas's prima facie test requires only these four elements, the fact that P satisfies all four — protected class, qualification, adverse action, and disparately treated comparator — means P has established a prima facie case shifting the burden to the employer.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P has stated a prima facie Title VII claim; the burden shifts to D to articulate a legitimate non-discriminatory reason.
MBE Check · multiple choice
An employer requires all applicants to be at least 6 feet tall. Statistical evidence shows this policy excludes 90% of women but only 30% of men. Is this discriminatory under Title VII?
Mini Essay · write the Application paragraph
Facts. D, a manufacturing company, fires P (a Muslim woman) for refusing to remove her hijab. D's policy is "no headwear in production area for safety." The policy applies equally to all but burdens Muslim women, Sikh men, and Orthodox Jewish men disproportionately.
Call. Does P have a Title VII claim?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: