Title VII Coverage and Limitations:
- Applies to employers with 15+ employees
- Covers race, color, religion, sex, national origin
- 180/300-day filing deadlines for EEOC charges
- Damage caps based on employer size ($50,000-$300,000)
- Requires administrative exhaustion through EEOC process
Other Federal Law Protections:
- ADA: Disability harassment for employers with 15+ employees
- ADEA: Age harassment (40+) for employers with 20+ employees
- EPA: Gender-based pay discrimination for all employers
- GINA: Genetic information harassment for employers with 15+ employees
Federal Law Gaps and Limitations:
- No coverage for small employers (under 15 employees for most laws)
- Limited protected classes compared to many state laws
- Strict filing deadlines with limited extensions
- Damage caps that may inadequately compensate severe harassment
- Complex administrative process requirements
State Law Enhancements and Expansions
Broader Employer Coverage: Many states cover smaller employers:
- California: 5+ employees for harassment, 1+ for some discrimination
- New York: 4+ employees for sexual harassment, 15+ for other harassment
- Illinois: 15+ employees but broader remedies and procedures
- Washington: 8+ employees for most discrimination claims
- Massachusetts: 6+ employees for most harassment claims
Expanded Protected Classes: States commonly protect additional characteristics:
- Sexual orientation and gender identity: 21+ states plus DC
- Marital status: 20+ states protect against marital status discrimination
- Political affiliation: Several states prohibit political harassment
- Criminal history: Limited protection in some states for arrest/conviction records
- Appearance/weight: A few states protect against appearance-based harassment
Enhanced Filing Deadlines: Many states provide longer filing periods:
- California: 3 years for some harassment claims under state law
- New York: 3 years for sexual harassment claims under state human rights law
- Illinois: 300 days (same as federal) but with broader administrative process
- Massachusetts: 300 days with state commission process
- Connecticut: 300 days with enhanced state agency procedures
Strategic Advantages of State vs Federal Filing
State Law Advantages:
- No damage caps: Many states allow unlimited compensatory and punitive damages
- Broader coverage: More protected classes and smaller employer thresholds
- Enhanced procedures: Some states have more efficient administrative processes
- Attorney fee provisions: Enhanced attorney fee recovery in some states
- Injunctive relief: Broader remedial powers for state agencies and courts
Federal Law Advantages:
- Established precedent: Extensive federal court precedent on harassment law
- Uniform standards: Consistent application across state boundaries
- EEOC resources: Federal agency investigation and enforcement capabilities
- Federal court access: Federal courts may have more employment law expertise
- Interstate employers: Better suited for cases involving multi-state employers