Chapter 3 - Equal Employment Opportunity

protected characteristics

Individual attributes that are protected under EEO laws and regulations

Equal employment opportunity

Employment that is not affected by illegal discrimination

status-blind

Employment decisions that are made without regard to individuals’ personal characteristics

disparate treatment

Occurs when individuals with particular characteristics that are not job-related are treated differently from others

Disparate impact

Occurs when an employment practice that does not appear to be discriminatory adversely affects individuals with a particular characteristic so that they are substantially underrepresented as a result of employment decisions that work to their disadvantage

business necessity

A practice necessary for safe and efficient organizational operations

bona fide occupational qualification (BFOQ)

Characteristic providing a legitimate reason an employer can exclude persons on otherwise illegal bases of consideration

burden of proof

What individuals who file suit against employers must prove to establish that illegal discrimination has occurred

Retaliation

Punitive actions taken by employers against individuals who exercise their legal rights

affirmative action

Proactive employment practices to compensate for historical discrimination against women, minorities, and individuals with disabilities

affirmative action program (AAP)

A document that outlines proactive steps the organization will take to attract and hire members of underrepresented groups

Pay equity

The idea that pay for jobs requiring comparable levels of knowledge, skill, and ability should be similar, even if actual duties differ significantly

glass ceiling

Discriminatory practices that have prevented women and minority status employees from advancing to executive-level jobs

glass cliff

The tendency of organization leaders to place women and minorities in risky positions, especially when the organization is facing a crisis

sexual minority

This group is made up of lesbian, gay, bisexual, transgender, queer, and other nonbinary people—often abbreviated as LGBTQ+

Sexual harassment

Unwelcome verbal, visual, or physical conduct of a sexual nature that is severe and affects working conditions or creates a hostile work environment

Quid pro quo

Sexual harassment that links employment out-comes to the granting of sexual favors

Hostile environment

Sexual harassment occurs when an individual’s work performance or psychological well-being is unreasonably affected by intimidating or offensive working conditions

Neurodiversity

The naturally occurring neurological differences among people that are reflected in a range of mental orientations.

person with a disability

Someone who has a mental or physical challenge that greatly reduces the ability to perform important life functions, who possesses a record of such a challenge, or who is thought to have such a challenge

essential job functions

Fundamental job duties

reasonable accommodation

A modification to a job or work environment that gives a qualified individual an equal employment opportunity to perform

undue hardship

Significant difficulty or expense imposed on an employer when making an accommodation for individuals with disabilities

phased retirement

Approach that enables employees to gradually reduce their workloads and pay levels

Diversity

Having representation of people with varying characteristics such as age, race, religion, gender, political beliefs, socioeconomic status, and other ways in which people may differ.

Equity

Establishing and enacting policies and practices to ensure fair distribution of resources and takes into consideration the historical disadvantages experienced by some groups.

inclusion

All individuals feel like they belong to the organization.

Affirmative action

A proactive approach to EEO that involves
taking steps to recruit, hire, promote, retain, & advance qualified
individuals from groups that have historically faced employment
barriers or discrimination

Affirmative action program or plan

A formal plan that outlines the
policies, practices, goals, and actions an organization will use to
carry out affirmative action obligations and promote equal
employment opportunity

Age Discrimination in Employment Act (ADEA) of 1967

A
federal law that protects workers age 40 and older from
discrimination in employment based on age

Americans with Disabilities Act (ADA) of 1990

A federal law that
prohibits discrimination against qualified individuals with
disabilities in employment, public services, public accommodations,
transportation, and telecommunications

Bona fide occupational qualification (BFOQ)

A qualification
based on religion, sex, or national origin (and in some instances age
and pregnancy) that an employer may lawfully consider when it is
reasonably necessary to the normal operation of a particular
business

Business necessity

A legitimate business need that makes an
employment requirement or practice necessary for the safe and
efficient performance or operation of the business

Civil rights act of 1991

A federal law that strengthened protections
against workplace discrimination and allowed victims of intentional
discrimination to seek compensatory and punitive damages in
certain cases

Cultural awareness training

Diversity training focusing on
increasing understanding and appreciation of differences among
people from diverse cultural backgrounds and improving
communication across those differences

Disparate impact

Illegal employment discrimination that occurs
when a neutral employment requirement or practice
disproportionately disadvantages members of a protected class,
even though it is not intentionally designed to discriminate

Disparate treatment

Illegal employment discrimination that occurs
when an individual is intentionally treated differently in
employment because of a protected characteristic

Equal employment opportunity commission (EEOC):

A U.S.
federal agency that enforces laws prohibiting workplace
discrimination based on factors such as race, sex, religion, disability,
age, and national origin

Equity

Providing people with fair treatment, opportunities, and
access to resources, while recognizing that people may have
different circumstances or needs

Essential job functions

The fundamental job duties

E-verify

An electronic system that compares information from the
employee’s Form I-9 with government databases

Executive orders:

An official directive issued by the U.S. President
to the federal executive branch to establish or modify equal
employment opportunity requirements for federal agencies and
federal contractors

Fair employment practice agency

State and local government
agency that enforces state and local laws prohibiting employment
discrimination

Family and Medical Leave Act (FMLA) of 1991

A federal law that
provides eligible employees with job-protected, unpaid leave for
certain family and medical reasons

Genetic Information Nondiscrimination Act (GINA) of 2008

A
federal law that prohibits employers and health insurers from
discriminating against individuals based on their genetic
information

Genetic monitoring

Monitoring genetic effects on employees
resulting from workplace exposure to toxic substances

Genetic screening

The use of genetic info to screen and identify
people with particular genetic traits

Illegal employment discrimination

Employment discrimination
based on a protected characteristic in a manner prohibited by law

Immigration Reform and Control Act (IRCA) of 1986

A federal
law that prohibits employers from knowingly hiring unauthorized
workers and requires employers to verify employees’ eligibility to
work in the U.S.

Job-related

A requirement, qualification, test, or employment
practice that is directly related to the skills, abilities, or
qualifications needed to perform the particular job successfully

Legal awareness training

Diversity training focusing on the legal
requirements and implications of discrimination and harassment,
including appropriate and prohibited workplace behaviors

Legal employment discrimination

Employment discrimination
that is permitted by law because it is based on a legitimate, job-
related factors or a legally recognized reason

Mixed-motive case

A type of disparate treatment case in which an
employment decision was influenced by a lawful reason and an
unlawful discriminatory reason based on a protected characteristic

Neutral requirement or practice

An employment rule or practice
that applies the same standard or process to everyone, regardless of
their protected characteristics

No-fault attendance policy

A policy that assigns attendance points
or discipline based on the number of absences/tardies without
considering the reason for the absence

Older Workers Benefit Protection Act (OWBPA) of 1990

A federal
law that strengthens protections for workers age 40 and older,
particularly regarding employee benefits and waivers of age-
discrimination claims

Personal appearance

Aspects of a person’s appearance that can
generally be changed or controlled by the individual

Physical appearance

Characteristics of a person’s body or physical
features that are generally difficult or impossible to change

gnancy Discrimination Act (PDA) of 1978

A federal law that
prohibits employers from discriminating against employees because
of pregnancy, childbirth, or related medical conditions

Pregnant Workers Fairness Act (PWFA):of 2023

A federal law
requiring covered employers to provide reasonable
accommodations for qualified employees and applicants with
known limitations related to pregnancy, childbirth, or related
medical conditions, unless doing so would cause undue hardship

Preponderance of the evidence

Showing that the claim is more
likely than not to be true

Protected characteristics

A personal trait or status that is protected
from employment discrimination under applicable laws

Protected class

A group of people who share a legally protected
characteristic

Qualifying exigency leave

An FMLA amendment including a
qualifying condition for an emergency, need, or demand arising
from an immediate family member being on or called to covered
active duty stats as a member of the National Guard, Reserves, or
Regular Armed Forces

Quid pro quo

A form of sexual harassment that links employment
outcomes to the granting of sexual favors

Reasonable accommodation

A modification to a job or work
environment that gives a qualified disabled person an equal
employment opportunity to perform the essential job functions

Rehabilitation Act (Rehab Act) of 1973

A federal law that
prohibits discrimination against qualified individuals with
disabilities in programs or activities receiving federal financial
assistance and in federal employment

Sensitivity training

Diversity training focusing on increasing
awareness of how one’s words, behaviors, and attitudes may affect
people who are different from them

Set-asides

Policies or programs that reserve a specified portion of
contracts, funding, or opportunities for business or individuals from
designated groups

Status-blind

Making decisions without considering a person’s
membership in a particular demographic or protected group

Title VII of the Civil Rights Act of 1964:

A federal law that
prohibits employment discrimination based on race, color, religion,
sex, or national origin

Tokenism

The practice of making minimal or symbolic efforts to
include women and minorities in an organization or position to
create the appearance of diversity and inclusion without making
meaningful changes

Undue hardship

A significant difficulty or expense imposed on an
employer in making an accommodation for disabled individuals

Uniformed Services Employment and Reemployment Rights Act
(USERRA) of 1994

A federal law that protects the employment and
reemployment rights of individuals who serve or have served in the
U.S. military, including protection from employment discrimination
based on military service

Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of
1974

A federal law that prohibits certain federal contractors from
discriminating against protected veterans and requires them to take
affirmative action to recruit, hire, and advance qualified veterans