American Association of University Women
ADVOCACY EDUCATION RESEARCH ABOUT AAUW MEMBER CENTER
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Tenure and Title VII

What does Title VII say?
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of sex, as well as race, color, national origin, and religion. It applies to employers with 15 or more employees, including federal, state, and local governments. Title VII also applies to private and public colleges and universities, employment agencies, and labor organizations.

How does Title VII protect women in academia?
Title VII makes it unlawful to discriminate against any employee or applicant for employment because of his or her sex. It applies to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. The law prohibits both intentional discrimination and neutral job policies and practices that disproportionately exclude individuals on the basis of sex and that are not job-related. Additionally, the prohibitions against sex discrimination in this law cover sexual harassment and pregnancy-based discrimination.

Title VII prohibits retaliation against an individual for opposing employment practices that are discriminatory or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation.

How can you formally complain about sex discrimination under Title VII?
Important time limits apply to sex discrimination claims under Title VII. You have 180 days, or six months, from the date of the last incident of harassment to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local antidiscrimination law. Using internal procedures at your college or university does not extend the time limit under federal law, although it may under some state laws. If you are relying on Title VII, contact the EEOC to find out the time limit that applies to you. If you are relying on state law, contact the state fair employment practices agency in your state. You do not need an attorney to file a complaint with the EEOC.

When you file a charge you will need to provide the following: the complaining party's name, address, and telephone number; the name, address, and telephone number of the employer that is alleged to have discriminated and the number of employees, if known; a brief description of the alleged violation; and the date(s) of the alleged violation(s).

What will the EEOC do after you have filed a charge of discrimination?
The employer will be notified that a charge of discrimination has been filed and the EEOC will begin an investigation. The EEOC may attempt to settle the charge of discrimination or may refer the charge to it mediation program, which is a voluntary, confidential process requiring the consent of both parties. The EEOC may choose to dismiss the charge at any point after it is filed.

When a charge is dismissed, or if the EEOC is unable to reach an agreement to settle the complaint after finding discrimination, the EEOC issues a notice of the individual’s right to file a lawsuit on her or his own behalf within 90 days. Individuals who have filed a charge with the EEOC may request this notice if they wish to proceed to court and the EEOC has not completed its process.

What relief is available if there is a finding of sex discrimination?
If there is a finding of sex discrimination, relief is intended to make the individual “whole” – in other words, to put the individual in the place she or he would have been had the discrimination not occurred. Such relief can include back pay, front pay, hiring, promotion (or tenure), and reinstatement. Damages may be available to compensate for monetary losses, future monetary losses, and mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Additional remedies may include attorney’s fees, expert witness fees, and court costs.

blackarrows Return to LAF tenure resources main page

Still need help?
If you have any questions, would like to learn more, or would like to make a contribution to LAF, send an e-mail to laf@aauw.org or call 202/785-7750.

 
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