The federal law against job discrimination because of race, color, religion, sex or national origin, and against retaliation for complaining, is Title VII of the Civil Rights Act of 1964. Enforcement falls to the EEOC (the U.S. Equal Employment Opportunity Commission). This page speaks to owners of U.S. businesses with ties to India or Canada, such as a foreign-owned LLC adding staff near Aurora. Page 2 has the checklist.
Who does Title VII of the Civil Rights Act cover?
| Item | Rule |
|---|---|
| Employer | 15 or more employees, in 20 or more calendar weeks of the current or preceding year; agents count too. |
| Excluded | The U.S. government, wholly government-owned corporations, Native American tribes, bona fide private clubs tax-exempt under section 501(c), and employing non-citizens abroad. |
| Religious organizations | May hire people of a particular religion to do work connected with their activities. |
| Protected traits | Race, color, religion, sex (including pregnancy) and national origin. Bostock (June 15, 2020): Title VII bars firing a worker for being gay or transgender. |
| Under 15 employees | Title VII does not apply, though the Equal Pay Act and state or local law may. |
What does Title VII mean for a foreign-owned or cross-border business?
| Situation | What the law says | What to check |
|---|---|---|
| Foreign-owned U.S. employer | The exclusion list does not name foreign ownership. | Count the U.S. team weekly; ask an attorney about your structure. |
| Job ads and hiring | Ads stating a protected-trait preference are banned, with a narrow job-qualification exception. The EEOC says this can include preferring a country or visa status; customer preference and low labor cost are no excuse. | Read ads and screening questions. |
| A worker complains | Retaliation is banned. The EEOC lists threats to report immigration status as possible retaliation. | Brief managers on this. |
| A growing team | Coverage starts at 15 employees; the cap tier rises at 101, 201 and more than 500. | Track headcount; see hiring US employees from abroad. |
Where do I go next?
Continue to Title VII rules and checklist. Related: FLSA, the Illinois Human Rights Act, the US employer compliance checklist and the federal section.
Frequently asked questions
What is the deadline to file a charge in Illinois?
The EEOC lists 300 days in Illinois for employers with 15 or more employees. The Illinois Department of Human Rights sets its own deadline; see the Illinois Human Rights Act page.
Official sources
- U.S. Equal Employment Opportunity Commission: Title VII of the Civil Rights Act of 1964
- EEOC: Time limits for filing a charge
- EEOC Chicago District: Timeliness
- EEOC: Remedies for employment discrimination
- EEOC: National origin discrimination
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.