Title VII, 42 U.S.C. § 2000e, et seq., prohibits employers from subjecting employees to and adverse employment action on the basis of race, color, religion, sex, or national origin.  Examples of adverse employment actions include constructive discharge, termination, refusal to hire, demotion, discrimination or harassment, and exposure to a hostile work environment.  Employers are further prohibited under Title VII from taking part in retaliatory practices, should they oppose employment practices made unlawful by Title VII or participate in any way in a Title VII proceeding.

Title VII applies only to employers who have at least fifteen employees working each day for the twenty weeks preceding the filing of the civil claim.  Title VII applies to all such private employers, state and local governments, and educational institutions.

In order to bring a civil claim under Title VII, an individual must first file a charge with the Illinois Department of Human Rights (“IDHR”) or the Equal Employment Opportunities Commission (“EEOC”).  From the date of the adverse action, employees typically have 180 days to file a charge with the IDHR and 300 days to file a charge of discrimination with the EEOC.  When an employee files with either the IDHR or the EEOC, his or her charge is automatically cross-filed with the other agency.

Plaintiffs successful in bringing suit under Title VII may be entitled to back pay, reinstatement or front pay, compensatory damages, and attorneys’ fees.  In cases where the employer acted intentionally, with malice or reckless disregard, a successful plaintiff may also be awarded punitive damages.  Under Title VII, both compensatory and punitive damages are statutorily capped based on the number of individuals employed by the employer.  For employers with 15-100 employees, a plaintiff may be awarded no more than $50,000 in compensatory damages and no more than $50,000 in punitive damages for willful violations. For employees with 101-200 employees, the cap for each is $100,000.  For employers with 201-500 employees, the cap is $200,000.  For all other employers, the cap is $300,000 for each category of damages.

If you have questions about your rights under Title VII, or feel that your employer has violated Title VII with respect to the terms and conditions of your employment, contact Caffarelli & Siegel Ltd. to speak to a Chicago Employment lawyer.