‘Know Your Rights’ Title VII Factsheet

This resource is not intended to provide and should not be construed as legal advice.

Overview of Employee Rights Under Title VII of the Civil Rights Act
 

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, national origin, and sex, including gender, gender identity, pregnancy, and sexual orientation, by employers in both public and private institutions.^[1] The law covers all aspects of employment such as hiring, firing, promotions, and compensation and also protects against workplace harassment and retaliation for reporting discrimination. This includes protection for Jewish faculty and staff based on their religion and shared ancestral or ethnic background, and Israeli staff and faculty based on their national origin.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Some states also have laws that prohibit employment discrimination, which are enforced by their respective state civil rights agencies.

Note: Employees may also be protected under Title VI – which prohibits discrimination based on race, color, or national origin in programs or activities that receive federal financial assistance - if the discrimination they face has a direct impact on students.

Types of Discrimination Prohibited Under Title VII

• Harassment that creates a hostile environment and is encouraged, accepted, tolerated, or left unaddressed by a school. The harassment can:
  • Involve racial, ethnic, or ancestral slurs, name-calling, or stereotypes, such as comments about Jewish identity, power, dual loyalty, or conspiracy theories.
  • Involve physical assault, graphic or written statements such as swastikas, and destruction of property such as mezuzahs.
  • Be based on Jewish appearance or religious expression, including wearing a yarmulke, Star of David, or other attire tied to Jewish or Israeli cultural or religious traditions.
  • Be based on having a Hebrew or Jewish-sounding name, speaking Hebrew, or having an Israeli accent.
  • Be based on perceived Jewish heritage, including assumptions about ancestry, family background, or inherited traits.
  • Be based on Israeli citizenship or association with Israel, including bias tied to political beliefs, national origin, or the assumption of shared views due to connection with a Jewish state.
• Disparate treatment: This occurs when a Jewish or Israeli employee or applicant is treated differently than non-Jewish colleagues/applicants because of their religion, national origin, or ancestry, such as being denied opportunities to sit on committees, denied promotions, or disciplined for conduct others are engaging in without discipline.
• Disparate impact: Neutral policies, like mandatory Saturday shifts, may unintentionally disadvantage Jewish employees who observe Shabbat.^[2]
• Retaliation: Disciplining an employee, treating an employee poorly (i.e., giving the employee a bad performance review), or treating an employee differently from their colleagues because the employee complained about antisemitism, advocated for actions to address antisemitism in the workplace, or requested a religious accommodation.
• Religious discrimination: Treating an employee or applicant unfavorably because of their religious beliefs or practices or refusing to reasonably accommodate an employee’s religious beliefs or practices.

Steps to Take if You Believe Your Rights May Have Been Violated
 

If you believe your rights have been violated, consider the following steps:

• Document the Incident: Record details of the incident, including dates, times, locations, names of the perpetrators (if known), nature of the incident and any witnesses.
• Report the Incident
  • To Your University
    • Universities are required to have processes in place to address discrimination complaints and biased-motivated harassment, including antisemitic incidents. If there are no consolidated reporting mechanisms, employees can reach out to their supervisor or the HR department.
    • When filing a report, include detailed descriptions of the incident, any previous reports made, the impact on your employment, and any support you need.
  • To ADL:
    • Report antisemitic, bias, or discriminatory incidents through ADL's incident reporting form 
    • If you're a professor or university employee experiencing antisemitic discrimination, intimidation, harassment, vandalism, or violence, utilize the Campus Antisemitism Legal Line (CALL) for free legal help. Visit the CALL website or text "CALLhelp" to 51555 for legal assistance. 
  • Additional Options:
    • Title VII: File a charge with the Equal Employment Opportunity Commission (EEOC) within 180 or 300 days (depending on your state) of the incident.
    • If you feel you are in physical danger, contact 911.

Additional Resources
 

1. Title VII and other EEO Laws FAQ