Contemporary Title VII Enforcement: The Song Remains the Same?

Equal employment opportunity (EEO) law is constantly evolving and many changes can happen in 50 years. Title VII of the Civil Rights Act of 1964 has always been the most comprehensive law related to workplace discrimination. Like all laws, Title VII has matured over time, including amendments by Congress, refinement by the courts, and creation and updates of regulations by enforcement agencies. However, there are several controversies that have endured during this maturation process, and this article focuses on four of them: (1) adverse impact theory, (2) reverse discrimination, (3) sexual harassment, and (4) retaliation. There are common issues across these controversies. However, for purposes of exposition, each one is treated as a separate entity. For each of the four controversies, we review historical context, recommend compliance strategies and share best EEO practice recommendations for practitioners and employers.