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Title VII in Maine

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What happens when an employee is not hired for a Mexican restaurant because she is not Mexican in Maine?

When an employee is not hired to work in a Mexican restaurant because he or she is not Mexican, his or her rights under Title VII could be violated. Title VII is an amendment to the Civil Rights Act of 1964 and helps to ensure that all employees are treated fairly in the workplace. The Act pertains to employees in public and private sectors in states across the country, including the state of Maine.

According to the Act, employers cannot discriminate against an employee for reasons that are directly related to national origin, ethnicity, color, race, gender, or religion. The discrimination cannot occur during any time when an employment-related decision is made, such as a time of hiring, promoting, compensating, training, or terminating.

When an employee applies to work at a Mexican restaurant and is denied employment because of his or her national origin, this is likely going to be considered a violation of Title VII. However, it would not be a violation of Title VII if the employer had another reason for denying employment to the applicant.

Employers need to keep detailed records of their employment-related decisions in case and employee or job applicant wishes to seek proof of why he or she was denied employment or a promotion, for example. Employers should be able to prove that the reason for making an employment-related decision about an employee had more to do with his or her qualifications that any covered factors.

Title VII only protects current employees and job applicants from discrimination based on the covered factors. It does not protect customers or clients. Also, it does not protect current and employees or job applicants from discrimination that is based on factors that are not covered by the Act. However, there are other national Acts that protect from other forms of discrimination. CB