Title VII bars employment discrimination, including in benefits.
Title VII of the Civil Rights Act prohibits employment discrimination, and it applies to the benefits employers offer as well as to hiring and pay.
The Basics for Employers.
A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.
Who It Covers
It applies to employers with 15 or more employees.
Protected Characteristics
It prohibits discrimination based on race, color, religion, sex and national origin, and sex includes pregnancy.
Benefits
Benefit eligibility and contribution rules need to apply to employees on the same terms.
How it plays out.
Title VII of the Civil Rights Act bars employment discrimination based on race, color, religion, sex and national origin. It applies to employers with 15 or more employees. Sex discrimination includes pregnancy and, under current interpretation, sexual orientation and gender identity.
For benefits, it means plans cannot provide different terms to employees because of those characteristics. Pregnancy is the most common point: a plan that covers medical conditions has to treat pregnancy-related conditions the same as other conditions for employees.
A related federal law, the Pregnant Workers Fairness Act, adds accommodation duties. Together they affect leave, coverage and return-to-work practices.
Where This Shows Up in Your Plan.
Caregiver Support, Sick Time and Paid Leave: Benefits That Work With Your Health Plan
How leave and sick-time policies fit alongside your health plan.
Employer Benefits Guides: Eligibility, Plan Design, Life Events and Rules
Eligibility, plan design and life-event rules in one place.
Reviewing your plan.
Compare Plan Terms
Check that eligibility and coverage terms apply evenly.
Review Pregnancy Coverage
Confirm pregnancy is covered like other conditions for employees.
Check Leave Policies
Review how leave and coverage connect.
Document Reasons
Keep records for any distinction.
Mistakes to avoid.
Excluding Pregnancy
It has to be treated like other conditions.
Informal Practices
Unwritten rules can create exposure.
Ignoring State Law
State laws can add protections.
Other Rules Employers Work With.
Elliott-Larsen Civil Rights Act
MCL 37.2101
Michigan Earned Sick Time Act
MCL 408.961
Laws and Rules Referenced
Title VII of the Civil Rights Act (42 U.S.C. 2000e) — The statute or rule text from its official or public source.
An independent employee benefits consulting firm. We look at the entire benefits program — cost, plan performance, risk and administration.
Switch to CFH. Unhappy with your broker? Your employees won’t notice. You will. →
Cookies on This Site
We use cookies to keep the site working properly and to understand how it is used. You can decline anything that is not essential. See our Privacy Policy for the detail.
- Essential — needed for the site to load and for you to move around it. These cannot be switched off.
- Analytics — tell us which pages get read, so we know what is worth writing more of.
- Advertising — set by third parties such as ad and social platforms to measure and target campaigns.