What Is Unlawful Discrimination under Title VII?

Imagine being denied a job not because of your skills, but due to your race, religion, or gender. Unfortunately, workplace discrimination is still a harsh reality worldwide.

Title VII of the Civil Rights Act of 1964 is an extremely powerful piece of U.S. law against employment discrimination. Title VII mandates that hiring, promotions, and salary matters must be based on merits and not on personal bias.

But how does India’s legal framework compare? Can India learn from the enforcement strength of Title VII? Let’s dive into a real-world exploration of these laws.

The U.S. Approach: Title VII and Its Impact

What Exactly is Title VII?

Since its enactment in 1964, Title VII has provided protection from discrimination by employers against individuals on grounds of:

• Race and Colour: This prohibits any hiring discrimination on the basis of skin colour or race. 
• Religion: Employers should, indeed, try to slight any impediment they may conjure up to help religions.
• Sex (Including Gender Identity and Sexual Orientation): Protects against discrimination based on sex, discrimination based on pregnancy, and inclusion of LGBTQ persons (Bostock v. Clayton County, 2020). 
• National Origin: Not discriminating on the basis of ancestry, birthplace, language, or culture.

What Happens If a Law Exists but Isn’t Enforced?

• The Equal Employment Opportunity Commission is the enforcement arm of the government that watches over complaints and enforces equality.  
• Without enforcement, laws are just words on paper.
  This is where India’s biggest challenge lies, many laws exist but lack strong execution.

Unlawful Discrimination: How Companies Get It Wrong

Disparate Treatment: Intentional discrimination

• Example: A woman is paid less than her male counterpart in the same position.  
• Title VII Case Law: McDonnell Douglas Corp. v. Green established a prima facie case for determining discrimination.

Disparate Impact: Policies that seem neutral but hurt minorities

• Example: A corporate sets a criterion that only “native English speakers” would be considered and live out qualified immigrants.
• Title VII Case Law: The case law Griggs v. Duke Power Co. (1971) sites that the burden of proof rests with the Employers to demonstrate their practices having a disparate impact on some social groups. 

India’s Legal Framework: Protecting Workers or Leaving Gaps?

Constitution of India: The Final Safeguard? 

• Article 14 guarantees that all persons shall be equal before the law. 
• Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.
• Article 16 directs equality of opportunity in matters of public employment.

Problem: Such provisions do not always apply to private sector workplaces, complicating enforcement. 

Key Indian Laws with Similarity to Title VII 

• The Equal Remuneration Act of 1976: The Act deals with equal pay for equal work for men and women.
• The Rights of Persons with Disabilities Act, 2016: This prohibits discrimination against workers with disabilities.
• The Prevention of Sexual Harassment Act, 2013: The Act guarantees employees protection from sexual harassment in the workplace.

Why India Struggles with Workplace Discrimination

Reality Check: Laws Alone Aren’t Enough!

• Lack of Awareness: Many employees don’t know their rights, so discrimination goes unchallenged.
• Slow Legal Action: Cases drag for years, discouraging complaints.
• Private Sector Loopholes: Many companies operate outside strict regulations.
• Cultural Barriers: Caste and gender biases are deeply rooted in hiring decisions.

What India Can Learn from Title VII?

• Build a Strong Enforcement Body: India lacks a powerful regulatory body like the EEOC to handle discrimination cases efficiently.
• Solution: Establish a similar “Workplace Equality Commission” for rapid legal intervention.
• Make Anti-Discrimination Laws Private-Sector Inclusive: Over 90% of Indian workers are in the private sector, yet laws mainly cover public jobs.
• Solution: Expand legal protections across all industries.
• Protect Whistleblowers from Employer Retaliation:
• Solution: Strengthen laws against employer revenge tactics on employees who report discrimination.
• Recognize Intersectional Discrimination: Workers often face multiple types of bias, such as gender and caste or disability.
• Solution: Make laws recognize overlapping layers of discrimination.

Conclusion

Title VII proves that strong laws plus strong enforcement creates real workplace equality. While India has a solid legal foundation, its biggest challenge is closing the enforcement gap.

Key Takeaways:

• Raise Awareness: Employees should know their rights.
• Fast-Track Cases: Justice delayed is justice denied.
• Expand Protections: Laws must apply to all workplaces, not just government jobs.
• Punish Discrimination: Employers who break laws should face strict penalties.

India doesn’t need to copy Title VII, but learning from its strengths can make Indian workplaces truly fair, inclusive, and discrimination-free.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. What does the Civil Rights Act Section VII mean? 

Title VII prohibits employers with 15 or more employees from discriminating based on race, colour, religion, sex (which now includes gender and sexual orientation), or national origin. Whereas the Civil Rights Act would have other laws that would enforce it, here it is the EEOC which does that.

2. What is the main similarity and difference in Title VII from the laws pertaining to discrimination in India? 

The main difference is in the enforcement. Title VII is actively enforced in the EEOC, while most of the Indian workplace discriminatory laws like the Equal Remuneration Act and Article 16 of the Constitution, do not have strong measures of enforcement-especially in the private sector.

3. Does Indian labour law prohibit caste discrimination? 

Yes. Article 15 of the Indian Constitution prohibits discrimination on the grounds of caste and provides for affirmative action statutes for backward classes. However, in practice, private sector organizations face serious discrimination on the basis of caste during recruiting and promotions.