Free tool · Labor and Employment Law
Is It Employment Discrimination? Title VII Claim Analyzer
Federal law (Title VII, the ADA and the ADEA, among others) forbids employers from discriminating because of race, colour, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age 40 and over, and disability. For a disparate treatment claim, the employee shows that they were in a protected class, qualified, suffered an adverse action and that others were treated better; the employer then gives a legitimate reason, and the employee must show it is a pretext. Harassment is unlawful if severe or pervasive, and the employer’s liability depends on who harassed. A neutral practice with a disparate impact can be unlawful unless it is job related and consistent with business necessity. A charge must be filed with the EEOC within 180 or 300 days. Enter the facts to see how the claim fares.
Tool · Employment Discrimination Claim Analyzer
A discrimination claim appears viable on these facts, subject to proof.
Covered employer: The employer has enough employees for Title VII and the ADA (15 or more, for 20 weeks), and the ADEA (20 or more) if age is at issue.
Timely charge: The charge must be filed with the EEOC within 180 days of the discriminatory act. It has been 120 days.
Protected class: The employee belongs to a class protected by statute.
Prima facie case: qualified: The employee was qualified for the position or was performing satisfactorily (McDonnell Douglas Corp. v Green).
Prima facie case: adverse action: An adverse employment action: hiring, firing, demotion, pay, discipline or another materially adverse change.
Prima facie case: circumstances suggesting discrimination: Similarly situated people outside the class were treated better, the position remained open or went to someone outside the class, or other evidence suggests discrimination.
Employer’s reason: The employer gave a legitimate, non-discriminatory reason, so the burden returns to the employee to show that it is a pretext.
Pretext: The employee shows that the reason is false or not the real reason (inconsistent explanations, departure from policy, comparators, suspicious timing). The factfinder may, but need not, infer discrimination (St Mary’s Honor Center v Hicks; Reeves v Sanderson Plumbing).
- Before suing under Title VII, the ADA or the ADEA, an employee must file a charge with the EEOC (or a state agency) within 180 days, extended to 300 days where a state or local agency enforces a similar law. The Equal Pay Act, state laws and other claims have their own deadlines.
- State and local laws often cover smaller employers, more protected classes and give longer deadlines and greater remedies. The thresholds are: Title VII and the ADA, 15 employees; the ADEA, 20.
Walks through a federal employment discrimination claim: coverage and the time limit for an EEOC charge, then the McDonnell Douglas framework for disparate treatment, the elements of a hostile work environment and employer liability (Faragher and Ellerth), or disparate impact and business necessity. Simplified federal rules: state law is often broader. A teaching aid with invented facts, not a prediction and not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Choose the kind of claim and say how big the employer is.
- Say whether the employee is in a protected class and how long ago the act took place.
- Answer the questions for that kind of claim.
- Read each step and whether the claim looks viable.
Common questions
How long do I have to file an EEOC charge?
180 days from the discriminatory act, extended to 300 days if a state or local agency enforces a similar law. Other claims have their own deadlines.
What is pretext?
Evidence that the employer’s stated reason for its action is false or not the real reason, from which a jury may infer discrimination.
Does Title VII cover small employers?
Title VII and the ADA cover employers with 15 or more employees, and the ADEA 20 or more. State laws often cover smaller employers.
Learn the law behind the tool
This tool is part of our Labor and Employment Law course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Labor and Employment Law: Employment Discrimination.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.