Equal Employment Opportunity (EEO) and Discrimination Concepts

Vocabulary flashcards covering key EEO principles, types of discrimination, essential concepts like BFOQ and burden of proof, and Title VII of the Civil Rights Act of 1964.

Equal Employment Opportunity (EEO)

The legal principle that employment decisions must be made on the basis of job requirements and worker qualifications.

Unlawful Discrimination

A condition that occurs when employment decisions are made based on protected characteristics.

Protected Characteristics

Individual attributes protected under EEO laws and regulations, including age, color, disability, genetic information, marital status, military status or experience, national origin, pregnancy, race, religion, and sexual orientation.

EEO Enforcement Bodies

The two main enforcement bodies for Equal Employment Opportunity: the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL).

Disparate Treatment

A form of unlawful employment discrimination that occurs when individuals with non-job-related characteristics are treated differently from others, typically being overt, intentional, and part of a pattern or practice.

Disparate Impact

A form of unlawful employment discrimination that occurs when an employment practice that appears neutral adversely affects individuals with a particular characteristic, causing substantial underrepresentation; it is often unintentional because identical criteria yield different results.

Business Necessity

An employment practice necessary for safe and efficient organizational operations, often used as the basis for educational requirements.

Bona Fide Occupational Qualification (BFOQ)

A characteristic providing a legitimate reason an employer can exclude persons on otherwise illegal bases of consideration, such as mandatory retirement age for airline pilots/bus drivers, religious affiliation for church employees, or authenticity for actors.

Invalid BFOQ Claims

Unlawful BFOQ arguments, including claims that work is too dangerous for women, customer or employer gender preferences, lack of separate restrooms, difficulty qualifying applicants, requiring Israeli birth for Hebrew fluency, or requiring younger workers for heavy lifting.

Burden of Proof

The legal obligation in discrimination suits where the aggrieved person must first provide evidence sustaining a reasonable inference of discrimination, management must then articulate a legitimate non-discriminatory reason, and the aggrieved person must finally prove by a preponderance of evidence that the reason was a pretext.

Pretext

A mask or cover-up for discrimination used as an employer's articulated non-discriminatory explanation.

Retaliation

Prohibited punitive actions taken by employers against individuals who exercise their legal rights, such as filing discrimination charges.

Title VII of the Civil Rights Act of 1964

The foundational legislation prohibiting employment discrimination based on race, color, religion, sex, or national origin across hiring, terminations, promotions, demotions, compensation, and working conditions.