Yes, Title VII prohibits much racial, sexual, or religious harassment in the employment relationship. Title VII protects employees from such harassment if such harassment is unwelcome and is severe or pervasive. The severe and pervasive requirement means that the harassment must be more than an occasional bad comment but generally must occur enough that it makes it much more difficult for an employee to do his or her job. As several courts have written, Title VII is not a general civility code. In legal parlance, it must alter the terms and conditions of the workplace.
The U.S. Supreme Court also has distinguished between harassment committed by a co-employee and harassment committed by a supervisor. If the harassment is committed by a co-employee, the employer is liable if the employer knew or should have known of the harassing behavior. If the harassment was committed by a supervisory employee and the employee was discharged or suffers another similar type of tangible employment action, then the employer may be strictly liable.
- If an employer does present a legitimate, nondiscriminatory reason for the discharge then what must the employee do to prove his or her case?
- If an employee presents a prima facie (or basic) case of discrimination, what must the employer show?
- Would a negative performance evaluation constitute an adverse employment action?
- What is an adverse employment action?
- How should and employer determine if an employee is qualified?
- What is a protected class?
- What happened to Percy Green after McDonnell Douglas v. Green?
- What was the McDonnell Douglas case about?
- Under the McDonnell Douglas framework, how does an employee establish a prima facie case of discrimination?
- How does a court determine whether an employee suffers discrimination?
- Does the EEOC’s finding of no discrimination prevent a subsequent court proceeding?
- What if the EEOC does not find there has been discrimination?
- What is a right to sue letter?
- What if the EEOC finds there has been discrimination?
- What happens once an employee files a charge of discrimination?
- What are the time limits for filing an Equal Employment Opportunity Commission (EEOC) charge?
- How does an employee file a claim under Title VII or other federal employment law?
- What if an employer has multiple reasons for taking adverse action against an employee a discriminatory reason and a lawful reason?
- Who was Griggs in the Griggs v. Duke Power case?
- When did the U.S. Supreme Court first recognize that Title VII included disparate impact claims?


