TX Labor & Employment Law Specialist Practice Questions - Texas Board Certified - Labor & Employment Law Exam

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An employee sues her private employer for race discrimination under Title VII of the Civil Rights Act of 1964. The company employed 12 people during the year of the alleged discrimination and the prior year. What is the most likely outcome on a motion to dismiss for lack of coverage?

The claim survives because Title VII covers all private employers regardless of size The claim survives because the threshold for Title VII is 8 employees The claim is dismissed because Title VII applies only to employers with 15 or more employees The claim is dismissed because Title VII covers only public employers

Correct Answer:

The claim is dismissed because Title VII applies only to employers with 15 or more employees

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