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
- Enforcement body
- Equal Employment Opportunity Commission
- Obligation class
- Prohibition
As of .
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)).
- 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)).
- 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)).
- 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)).
- 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)).
- 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.
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 with 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, and excludes the United States, an Indian tribe, and a bona fide private membership club.
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 with twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, includes an agent of such a person and a State or political subdivision of a State, and excludes the United States.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.