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1-A | WHO IS COVERED UNDER TITLE VII?
The following entities are covered under
42 U.S.C. §2000e:
1. Employers and their agents that “affect commerce” and have “fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year[.]”2 The definition includes American employers (including foreign corporations controlled by American employers) outside U.S. territorial jurisdiction, with respect to treatment of U.S. citizens, unless otherwise required by host country’s law.3
2. State and local government employers.
3. The federal government’s executive branch and units of judiciary and legislature subject to competitive civil service and Congressional entities.4
4. Employment agencies and their agents (“any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer”).
5. Labor organizations (“engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization”).5
6. Training programs (“joint labor-management committees controlling apprenticeship or other training or retraining, including on-the-job training”).
The definition of employer excludes:
1. A bona fide membership club (“(other than a labor organization) which is exempt from taxation under section 501 (c) of title 26“).
2. Indian tribes.
3. The United States and wholly owned corporations.
4. “Any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of title 5)[.]”
5. Religious organizations (“with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities”).6
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
Footnotes
2 Walters v. Metropolitan Educ. Enters., Inc., 519 U.S. 202 (1997) (all employees on employer's payroll count toward 15-employee threshold).
3 42 U.S.C. §2000e(f); §2000e-1(b)(c).
4 Protections of Title VII and certain other worker protection laws were extended to employees of the House, Senate, Capitol Police, Congressional Budget Office, inter alia, by the Congressional Accountability Act ("CAA"), Pub. L. 104-1 (1995), 2 U.S.C. §1301 et seq.
5 Pursuant to 42 U.S.C. §2000e(e),
[a] labor organization shall be deemed to be engaged in an industry affecting commerce if
(1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or
(2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is
(A) twenty-five or more during the first year after March 24, 1972, or
(B) fifteen or more thereafter, and such labor organization —
(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et seq.];
(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or
(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or
(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.
6 42 U.S.C. §2000e-1(a).
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