Based on these facts, the supervisors' harassing conduct toward Shawn is based on his color. 3. In December 1997, Franklin sued BNSF under Title VII of the Civil Rights Act of 1964 for racial discrimination.The plaintiff makes two claims arising out of two alleged nonpromotions: (1) discrimination on the basis of gender, and (2) retaliation. The Town of Franklin is responsible for processing discrimination complaints filed under Title VI of the. Title VIII of the Civil Rights Act of 1968. (Fair Housing Act); 49 USC 47123. (d) Adverse Employment Action under the Georgia Whistleblower Act. Notably, on June 15, 2020, the Supreme Court held in Bostock v. To establish a prima facie case of retaliation, Franklin must show: (1) he engaged in activity protected under Title VII;.