Key Concepts in Employment Discrimination Laws and Protections

Protected class

Group protected from discrimination (race, gender, religion, etc.)

Title VII

Law that prohibits discrimination based on race, color, religion, sex, or national origin

EEOC (Equal Employment Opportunity Commission)

Government agency that enforces discrimination laws

Disparate treatment

Intentional discrimination against someone in a protected class

Disparate impact

Policies that appear neutral but unfairly affect a protected group

Prima facie case

The basic level of proof needed to start a discrimination claim

Constructive discharge

When working conditions are so bad an employee is forced to quit

Sexual harassment

Unwanted sexual conduct that affects employment

Quid pro quo harassment

Job benefits given in exchange for sexual favors

Hostile work environment

A workplace that is intimidating or offensive due to harassment

Retaliation

Punishing an employee for reporting discrimination

Pregnancy discrimination

Treating a woman unfairly due to pregnancy or childbirth

Equal Pay Act

Law requiring men and women to receive equal pay for equal work

ADEA (Age Discrimination in Employment Act)

Law protecting workers age 40+ from discrimination

ADA (Americans with Disabilities Act)

Law requiring employers to accommodate disabled workers

Disability

A condition that limits major life activities

Reasonable accommodation

Changes made to help disabled employees perform their job

Undue hardship

When accommodation is too difficult or expensive for employer

USERRA

Law protecting military members from job discrimination

BFOQ (Bona Fide Occupational Qualification)

A necessary job requirement that may allow discrimination (not race)

Business necessity

Defense that a policy is required for job performance

Seniority system

System where employees with longer service get priority benefits

Affirmative action

Policies designed to improve opportunities for historically disadvantaged groups

Reverse discrimination

Discrimination against majority groups (like white males)

Remedies under Title VII

Compensation such as back pay, reinstatement, or damages for discrimination