United StatesTitle VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act, unlawful employment practices
42 U.S.C. § 2000e-2; 29 U.S.C. § 623
In force since .
An AI sector rules rule binding public and private bodies.
- Private right of action
- Yes
- Audit expectation
- none
What it requires
- Do not use a hiring, screening, or promotion tool in a way that fails or refuses to hire, or otherwise discriminates against, an individual because of race, color, religion, sex, or national origin (Title VII section 703(a)(1)), or because of age (Age Discrimination in Employment Act section 4(a)(1)).NIST AI RMFMEASURE 2.11
- Do not use a tool to limit, segregate, or classify applicants for employment in a way that would deprive or tend to deprive an individual of employment opportunities because of race, color, religion, sex, or national origin (Title VII section 703(a)(2)).NIST AI RMFMEASURE 2.11
- If you procure employees for an employer, or procure for employees opportunities to work for an employer, do not fail or refuse to refer, or classify or refer, an individual because of race, color, religion, sex, or national origin (Title VII section 703(b)), or because of age (Age Discrimination in Employment Act section 4(b)).no control in the NIST AI RMF
- Be ready to demonstrate that a particular employment practice that causes a disparate impact on race, color, religion, sex, or national origin is job related for the position in question and consistent with business necessity; a disparate impact is also established where the complaining party demonstrates an alternative employment practice and the respondent refuses to adopt it (Title VII section 703(k)(1)).no control in the NIST AI RMF
- Base any differentiation by age on a bona fide occupational qualification reasonably necessary to the normal operation of the business or on reasonable factors other than age (Age Discrimination in Employment Act section 4(f)(1)).no control in the NIST AI RMF
- Apply these rules if you are an employer with fifteen or more employees under Title VII, or twenty or more under the Age Discrimination in Employment Act, for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, if you are an agent of such an employer, or if you are an employment agency or an agent of one.
These lines are LexLint's reading of the law's text. Also read by: Griggs v. Duke Power Co., 401 U.S. 424 (1971) (recorded ).
In the frameworks
- NIST AI RMF
- MEASURE 2.11Fairness and bias – as identified in the MAP function – are evaluated and results are documented.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
Equal Employment Opportunity Commission
Settledness
- As of
- Case link
- https://tile.loc.gov/storage-services/service/ll/usrep/usrep401/usrep401424/usrep401424.pdf
- Case citation
- Griggs v. Duke Power Co., 401 U.S. 424 (1971)
- Open questions
- Does a vendor that supplies or operates an automated screening tool for an employer 'regularly undertak[e] ... to procure employees for an employer' and so count as an 'employment agency' under 42 U.S.C. 2000e(c)?
- Does a vendor that screens applicants on an employer's behalf come within 'any agent of such a person' in the definitions of employer and employment agency in 42 U.S.C. 2000e(b) and (c)?
What it reaches
Obligation class
Prohibition
Applicability criteria
The two statutes set different employee counts: Title VII at fifteen and the Age Discrimination in Employment Act at twenty.
- As of
- Combinator
- Any of
- Criteria
- Title VII: an employer is a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person.
- Age Discrimination in Employment Act: an employer is a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and also means any agent of such a person and a State or political subdivision of a State.
What record it asks for
Logging duty
Section 703(a) of Title VII (42 U.S.C. 2000e-2) and section 4(a) of the ADEA (29 U.S.C. 623) prohibit discrimination in employment. Neither section requires an employer to make, keep or produce a log or record. The disparate impact provision, 42 U.S.C. 2000e-2(k), puts on a respondent the burden to demonstrate that a challenged practice is job related and consistent with business necessity, which is a burden in a proceeding and not a duty to keep a record.
- Kind
- None
- As of
What this law does
Section 703 of Title VII makes it an unlawful employment practice for an employer to fail or refuse to hire, or otherwise to discriminate against, an individual because of race, color, religion, sex, or national origin. Section 703 also bars an employer from limiting, segregating, or classifying applicants for employment in a way that would deprive or tend to deprive an individual of employment opportunities because of those characteristics.
Section 703 separately bars an employment agency from failing or refusing to refer, or from classifying or referring, an individual on those bases.
Under Title VII a disparate impact claim is established when a respondent uses a particular employment practice that causes a disparate impact on those bases and fails to demonstrate that the practice is job related for the position in question and consistent with business necessity, or when the complaining party demonstrates an alternative employment practice and the respondent refuses to adopt it.
Title VII defines an employer as a person engaged in an industry affecting commerce, and any agent of such a person, and excludes the United States, an Indian tribe, and a bona fide private membership club; whether an employer is covered turns on the employee-count test in section 701(b), recorded in the applicability criteria.
Title VII defines an employment agency as any person regularly undertaking to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of such a person. Section 4 of the Age Discrimination in Employment Act makes it unlawful for an employer to fail or refuse to hire, or otherwise to discriminate against, an individual because of the individual's age.
The Age Discrimination in Employment Act also makes it unlawful for an employment agency to fail or refuse to refer, or to classify or refer, an individual on the basis of age. The Age Discrimination in Employment Act allows an action otherwise prohibited where the differentiation is based on reasonable factors other than age.
The Age Discrimination in Employment Act defines an employer as a person engaged in an industry affecting commerce, includes an agent of such a person and a State or political subdivision of a State, and excludes the United States; whether an employer is covered turns on the employee-count test in section 11(b), recorded in the applicability criteria.
How courts have read itPremium data
Our analysis of this law draws on 1 court ruling.
What each ruling held, what it means for an app, and whether it still stands are premium data, in the Plus, Pro and Enterprise plans.
When LexLint raises it
When your app profile says your app makes employment decisions.
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Page updated .
us-42-u-s-c-2000e-2-29-u-s-c-623