This article begins with an overview of the existing law of employment discrimination under Title VII of the Civil Rights Act of 1964, within which it explains disparate treatment discrimination, disparate impact discrimination, pregnancy discrimination and sexual harassment. This article then dissects the recent U.S. Supreme Court and U.S. Courts of Appeal cases that have interpreted and provided specificity to various concepts used in the application of Title VII. This article then analyzes the details of the new substantive aspects of the law of employment discrimination, the philosophical positions within the cases, and how the intricacies of employment discrimination law are applied.

Under Title VII of the Civil Rights Act of 1964 there are two theories of liability for employment discrimination: disparate treatment and disparate impact. While disparate treatment deals with the adverse treatment of a specified employee, disparate impact deals with discrimination against a class of individuals. The Civil Rights Act of 1991 modified the law to allow plaintiffs to more readily bring a discrimination case. This article reviews the major components of the Civil Rights Act of 1964, the Civil Rights Act of 1991, and a proactive approach to using equal opportunity law in employment counseling.

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