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Business laws for small businesses

Title VII of the Civil Rights Act: what small employers should know

A short cheat sheet on the federal job discrimination law, with coverage, deadlines and damages caps in force in October 2026 and the agency changes that are still only proposals.

Prepared by Prem Tax and Accounting Corp. Last checked against official sources on October 29, 2026.

Title VII, part of the 1964 Civil Rights Act, is the federal law against job discrimination, enforced mainly by the U.S. Equal Employment Opportunity Commission, or EEOC. Our Hiring-Hall Fairness Pass below turns it into a routine. The official text starts at 42 U.S.C. 2000e.

The short version
  • Employers with at least 15 employees for 20 or more weeks in the current or prior year are covered.
  • It bars retaliation and bias based on national origin, race, color, religion or sex.
  • File a charge with the EEOC within 180 days, or 300 in Illinois. Workers generally have 90 days to sue after its notice.
  • Compensatory plus punitive damages have caps of $50,000 to $300,000, by size.

Slide show: Title VII in five slides

  1. What it is

    Job bias based on race, color, religion, sex (including pregnancy) or national origin, plus retaliation.

  2. Coverage

    Employers with 15 or more employees, plus employment agencies and unions.

  3. Deadlines

    180 days to file with the EEOC, or 300 in Illinois. Generally 90 days to sue after its notice.

  4. Money

    Compensatory plus punitive damages have caps of $50,000 to $300,000, by size.

  5. What changed

    Bostock (2020): Title VII bars firing someone for being gay or transgender. The EEOC rescinded its 2024 harassment guidance in 2026.

Who it covers

GroupCovered?Note
Employer with 15 or more employeesYesFor 20 or more weeks of the current or prior year
Employer with fewer than 15 employeesNot by Title VIIState or local law may apply
Indian tribes, bona fide private tax-exempt membership clubsNoExcluded
Religious organizationsPartlyMay prefer their own religion for work tied to their activities

The numbers

ItemAmountYear in force
Charge deadline180 days; 300 in IllinoisCurrent, October 2026
Damages capBy size, $50,000 to $300,000Fixed since 1991
Notice poster fineUp to $698 per offense2025 amount, no 2026 change
Damages cap by size dollars per person, 2026
15-100 employees$50,000
101-200$100,000
201-500$200,000
Over 500$300,000

Source: 42 U.S.C. 1981a

Our checklist

The Hiring-Hall Fairness Pass checks six stages of a job.

  • Ads and hiring: no stated preference for a protected trait, with narrow exceptions.
  • Pay and promotion: the same standards for everyone.
  • Accommodation: a routine for religious and pregnancy requests.
  • Complaints: a clear way to report, and prompt follow-up.
  • Paperwork: the EEOC notice posted, and records kept 1 year, and longer once a charge is filed.
  • Headcount: tracking the 15-employee line.

Mistakes people make

  • Having no route for complaints, or sitting on one.
  • Retaliating with schedule changes or scrutiny after a complaint.
  • Refusing a religious request over small cost; the test is substantial burden (Groff, 2023).

Talk to an attorney about a harassment complaint, an EEOC charge or a right-to-sue notice.

Common questions

Does Title VII apply with fewer than 15 employees?

Not Title VII itself. State or local laws and the Equal Pay Act can still apply. See [Illinois laws](/small-business-laws/illinois/).

How long does someone have to file a charge?

With the EEOC it is 180 days, or 300 in Illinois, generally counted from each separate act. At the Illinois Department of Human Rights the window is longer (2 years since January 1, 2025). See [Illinois Human Rights Act](/small-business-laws/illinois/human-rights-act/).

Is the EEO-1 report still required?

The written rule still reaches employers with 100 or more employees, but the EEOC proposed on July 23, 2026 to rescind the EEO-1 and related report rules. As of October 27, 2026 it is only a proposal, so check the EEOC site for due dates.

Official sources

Keep reading

Questions about how a law touches your payroll, taxes or entity? Keshav Agrawal is a U.S. CPA and a Chartered Accountant (CA) from India. We handle the tax and accounting side and can work alongside your attorney. We are not a law firm and cannot give legal advice. Book a 20-minute call or send us a message.

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