Glossary of EEO Terms

The words and phrases contained in the glossary are generally used by the Office of Federal Contract Compliance Programs (OFFCCP), the field of employment discrimination law, and the Montgomery College Office of Equity and Diversity. They are defined or described for the purpose of providing a common understanding of terms associated with Equal Employment Opportunity, and Affirmative Action related activities. A primary resource used to compile the glossary is the U.S. Department of Labor, OFCCP web page, Affirmative Action in Higher Education: A Source Book (1997), and The Elements of Sexual Harassment (1999).

ADVERSE IMPACT: Under the "Uniform Guidelines on Employee Selection Procedures" of the Equal Employment Opportunity Coordinating Council.

"Adverse impact may be found when a selection process for a particular job or group of jobs results in the selection of members of any racial, ethnic, or sex group at a lower rate than members of other groups. The enforcement agencies will generally regard a selection rate for any group which is less than four-fifths (4/5) or eighty percent of the rate for the group with the highest selection rate as constituting evidence of adverse impact......"

Depending on the size of the sample and other factors, however, the enforcement agencies could measure adverse impact other than by the "80% rule". In a particular case, of course, the final arbiter of the question would be the federal courts.

AFFECTED CLASS: Any group which continues to suffer the effects of past discriminatory practices. Affected class status must be determined by analysis or court decision.

AFFIRMATIVE ACTION: Actions, policies, and procedures to which a contractor commits itself that are designed to achieve equal employment opportunity. The affirmative action obligation entails: (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible, and (2) recruitment and outreach measures. It includes specific actions in recruitment, hiring, upgrading and other areas designed and taken for the purpose of eliminating the present effects of past discrimination, or to prevent discrimination.

AFFIRMATIVE ACTION PLAN: A written program, meeting the requirements of 41 CFR Part 60-2, 60-250.5 or 60-741.5, in which a contractor annually details the steps it will take and has already taken, to ensure equal employment opportunity. It includes written documentation that all persons have equal opportunities in recruitment, selection, appointment, promotion, training, discipline and related employment areas. The plan is tailored to the employer's work force and the skills available in the labor force. It prescribes specific actions, goals, timetables, and responsibilities, and describes resources to meet identified needs. The plan is a comprehensive results oriented program designed to achieve equal employment opportunity, rather than merely to assure nondiscrimination.

AFFIRMATIVE RECRUITMENT: Special recruitment efforts undertaken to assure that qualified protected class members are well represented in the applicant pools for positions from or in which they have been excluded or substantially under utilized. Such efforts may include contacting organizations and media with known protected class constituencies. Open job posting and advertising and "equal opportunity employer" statements necessary in many situations are matters of nondiscrimination rather than measures of affirmative recruitment.

AMERICAN INDIAN (NATIVE AMERICAN) OR ALASKAN NATIVE: A person having origin in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.

ANTI-NEPOTISM POLICY: A policy or practice that limits the simultaneous employment of two or more members of the same family.

APPLICANT FLOW: The number of applicants applying for a particular job over a given period of time, analyzed by protected class characteristics.

APPLICANT POOL: All people who have applied for a particular job or group of jobs during one period of opening. The collection of candidates from whom the selection or selections for available positions may be made.

APPROPRIATE ACTIONS: Actions an organization might implement to address violations of its policies and procedures.

ASIAN OR PACIFIC ISLANDER: A person having origin in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and Samoa.

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BLACK: A person, not of Hispanic origin, who has origin in any of the black racial groups of the original peoples of Africa.

BONA FIDE OCCUPATIONAL QUALIFICATION (BFOQ): A minimum qualification that is needed to be able to perform the duties of a particular job, which would otherwise be unlawful because of its discriminatory impact based on one's sex, religion, or national origin, etc. Examples are the requirement that an actor playing the part of a woman be a woman or that a minister of a particular religion be a member of that particular religion. The concept of BFOQ is interpreted very narrowly by both the EEOC and the federal courts. Age may be a BFOQ under the Age discrimination Employment Act of 1967. Race is never a BFOQ.

BURDEN OF PROOF: The requirement that to win a point or to have an issue decided in one's favor in a lawsuit one must show that the weight of evidence is on his or her side, rather than "in
the balance" on that question. Philosophically and traditionally in the courts, the person who brings the charges is responsible for providing evidence to support those charges. In civil rights litigation, the courts have generally required the plaintiff to establish a prima facie case of discrimination, at which point the burden of proof shifts to the defendant (e.g. the employer) to justify the existence of any disparities. Once the plaintiff has made the prima facie case, the defendant must provide an explanation since he or she is in a position to know whether he or she failed to hire a person for reasons that would exonerate him or her. (See "Prima Facie.")

BUSINESS NECESSITY: A legitimate business purpose that justifies an employment practice as valid and necessary for the effective achievement of the organization's objectives and the safe and efficient operation of the business.

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CAREER LADDER: A hierarchy of jobs consisting of a series of more complex duties and responsibilities within a general occupational area.

CIVIL RIGHTS: Personal rights guaranteed and protected by the Constitution, i.e., freedom of speech, press, freedom from discrimination.

CLASS ACTION: A civil action brought by one or more individuals on behalf of themselves and "all others similarly situated" (or equivalent language). The purpose of a class action is to secure a judicial remedy which not only eliminates a wrong committed against an individual, and compensates him or her for the effects of that wrong, but which also provides such remedies for all others in a definable class who have suffered as a result of the same practice or practices. The technical legal requirements and definition of a class in federal court proceedings are contained in Rule 23 (b) of the Federal Rules of Procedure.

CODE OF FEDERAL REGULATIONS (CFR): The code contains Presidential executive orders and regulations based on those orders, federal laws, and other federal regulations. Related matters are grouped together. Title 41 CFR Chapter 60, for example, deals with the various Department of Labor EEO regulations and guidelines concerning federal government contractors.

COMMISSION ON HUMAN RIGHTS: The Maryland State agency established to receive, investigate and pass upon complaints alleging violations of the Human Rights Law.

COMPARABLE WORTH: Payment of wages based on the value of the work performed taking into consideration such factors as education, training, skills, experience, effort, responsibility and working conditions. This issue is raised particularly in comparing the salaries paid for occupations that are traditionally female to salaries paid for those that are traditionally male.

COMPLAINANT or CHARGING PARTY: A person who brings a complaint; in equal opportunity/affirmative action related actions, a person who brings a complaint of discrimination.

COMPLAINT: A written charge filed with OFCCP, EEOC, state, or federal agency by an employee, former employee, applicant for employment or by a third party alleging specific violations of the Executive Order, Section 503 or 38 U.S.C. §4212.

COMPLIANCE: Meeting the requirements and obligations imposed by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, 38 U.S.C. §4212, and implementing regulations which mandate nondiscrimination and affirmative action.

COMPLIANCE AGENCY: Any local, state, or federal government agency which administers laws or regulations in the EEO field.

CONCILIATION: An informal voluntary agreement between an employer and a complainant sought by a state or local agency, OFCCP or the EEOC. A successful conciliation can result in back pay awards, reinstatement, and reform in the employment practices of an employer. A failed conciliation does not preclude further legal action by a complainant or an agency.

CONCILIATION AGREEMENT (CA): A binding written agreement between a contractor and OFCCP or EEOC that details specific contractor commitments to resolve the alleged violations set forth in the agreement.

CONSTRUCTIVE DISCHARGE: An employee's involuntary resignation resulting from the employer making working conditions for employee so intolerable that a reasonable person would have felt compelled to resign. OFCCP will assert that an employee was constructively discharged in violation of the Executive Order, Section 503, or 38 U.S.C. § 4212 where it finds that (1) a reasonable person in the employee's position would have found the working conditions intolerable; (2) the employer's conduct which constituted the violation against the employee created the intolerable working conditions; and (3) the employee's involuntary resignation resulted from the intolerable working conditions.

CONTINUING VIOLATION: The continuing violation theory has been analyzed as encompassing three separate sub-theories, each applicable to a distinct fact situation; (1) a series of individual related discriminatory acts, at least one of which must have occurred within 2 years prior to notice of a compliance review, 180 days before the complaint of employment discrimination; (2) systemic discrimination where the employer has maintained a policy or practice which discriminates against a class; and (3) present effects of past discrimination - where an individual or a class is suffering residual effects of discriminatory conduct which occurred prior to the limitation period but was not the subject of a timely charge.

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DIFFERENTIAL VALIDATION: Validation of test at different score levels for different classes of people. This is not tantamount to "lowering standards" for one or more groups to favor them over others. Differential validation occurs only where lower test scores by one class actually do predict a level of job performance equivalent to that predicted by the higher scores of another class.

DIRECT EVIDENCE OF DISCRIMINATION: A method of proof in which evidence on its face establishes a discriminatory reason for an employment decision, without inference or presumption. Direct evidence is evidence that on its face shows an intent to discriminate. It may be based upon testimony or any reliable documentation such as a copy of a help wanted ad that specifies "males only."

DISABLED INDIVIDUAL: See Individual With a Disability.

DISABLED VETERAN: A person entitled to disability compensation under laws administered by the U.S. Veteran's Administration for a disability rate of 30 percent or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

DISCOVERY: In trial practice, the pre-trial devices that can be used by a party to obtain facts and information about the case from the other party in order to assist the party's preparation for trial. Tools of discovery include depositions upon oral and written questions; written interrogatories; requests for production of documents or things; requests for physical and mental examinations; and requests for admission.

DISCRIMINATION: An intentional or unintentional act which adversely affects employment opportunities because of race, color, religion, sex, handicap, marital status, or national origin, or other factors such as age (under particular laws.) The failure to treat equals equally; in equal opportunity/affirmative action parlance, the unequal treatment or categorizing is either based on race, sex, religion, age, or physical or mental disability or has the effect of disparate treatment for any of those classes. Unlawful discrimination may be either intentional or not intentional. See Age Discrimination in Employment Act of 1967.

DISPARATE EFFECT OR DISPARATE IMPACT: The result of an employment policy, practice, or procedure that, in practical application, has less favorable consequences for a protected class than for the dominant group.

DISPARATE IMPACT: A theory or category of employment discrimination. Disparate impact discrimination may be found when a contractor's use of a facially neutral selection standard (e.g., a test, an interview, a degree requirement) disqualifies members of a particular race or gender group at a significantly higher rate than others and is not justified by business necessity or job relatedness. An intent to discriminate is not necessary to this type of employment discrimination. The disparate impact theory may be used to analyze both objective and subjective selection standards. Same concept as adverse impact. (See definition of adverse impact.)

DISPARATE TREATMENT: Employment practices such as the use of tests or educational requirements, fair and neutral on their face, which are applied or administered in an unfair manner. An example would be using an "old boy network" to hire for jobs even though the positions have been posted.

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EEO COMPLAINT: A written charge of discrimination filed with a state or federal agency and/or verbal or written charge filed with a designated College official or the Office of Equity and Diversity by an employee, former employee, applicant for employment, student, or by a third party alleging specific violations of the Executive Order, Title VI, VII, or IX regulation, Section 503 or 38 U.S.C. §4212. The charge might include allegations regarding a violation of protected rights and privileges, terms and conditions of employment or the educational environment.

EEO PROCEDURE: In-house resolution of employees' and/or students' complaints of discrimination required under Title VI, VII, and IX regulations for students and under several other federal regulations for employees. Usually includes a series of "steps" in the process.

EEO-1 REPORT: The Equal Employment Opportunity Employer Information Report (EEO-1): An annual report filed with the Joint Reporting Committee (composed of OFCCP and EEOC) by certain employers subject to the Executive Order or to Title VII of the Civil Rights Act of 1964, as amended. This report details the sex and race/ethnic composition of an employer's work force by job category. (Also termed Standard Form 100.)

EEO-2 REPORT: The Equal Employment Opportunity Apprenticeship Information Report: A chronological list of names of all persons who have applied to an apprenticeship program. The information needed to fill out the report must be kept by the apprenticeship sponsor; however, the EEOC no longer requires the filing of EEO-2 reports.

EEO-3 REPORT: The Equal Employment Opportunity Labor Union Report (EEO-3): A report filed biennially in even-numbered years by labor unions. This report is filed with the EEOC Survey Branch and contains information on the sex and race/ethnic composition of union membership and referrals for employment.

EEO-4 REPORT: The Equal Employment Information Report (EEO-4): A report filed by State and local governments with the State and Local Reporting Committee (composed of EEOC, Health and Human Services [HHS], Department of Energy [DOE], Housing and Urban Development [HUD], Department of Transportation [DOT], Office of Personnel Management [OPM], and OFCCP). This report sets forth the sex and race/ethnic composition of the work force by job category and annual salary. Frequency of reporting for political jurisdictions varies with their number of full-time employees, as follows: 100 or more, annually; 50 to 99, every other year; 25 to 49, every 4 years; 15 to 24, every 6 years.

EEO-5 REPORT: The Equal Employment Opportunity Elementary-Secondary Staff Information Report (EEO-5): A report filed with the School Reporting Committee (composed of EEOC, the Department of Education/Office of Civil Rights and the National Center for Education Statistics). This report details the sex and race/ethnic composition, by job category, of elementary and secondary school staffs. Frequency of reporting for school districts varies with their number of pupils, as follows: 1,800 or more, every other year; 900-1,799, every 4 years; 450-899, every 6 years; 250-449, every 8 years.

EEO-6 REPORT: The Equal Employment Opportunity Higher Education Staff Information Report (EEO-6): A report filed biennially in odd-numbered years with the Higher Education Reporting Committee (composed of OFCCP, Department of Education/Office of Civil Rights and EEOC) by colleges and universities. It details by job category and salary the sex and race/ethnic composition of their faculty and staffs.

EMPLOYEE: Under Title VII of the Civil Rights Act of l964, as amended: " ... an individual employed by an employer except that the term 'employee' shall not include any person elected to public office in any State or political subdivision of any State ... or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State Government, governmental agency or political subdivision."

EMPLOYER: Under Title VII of the Civil Rights Act of 1964, as amended: "... a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." The U.S. Government and its wholly owned corporations, Indian tribes, certain departments of the District of Columbia Government, and tax exempt, bona fide private membership clubs are excluded from the definition.

EMPLOYMENT OFFER: An employer's offer of employment to an individual, usually for a specific job.

EQUAL EMPLOYMENT OPPORTUNITY: Where all personnel activities are conducted so as to assure equal access in all phases of the employment process. Employment decisions are based solely on the individual merit and fitness of applicants and employees related to specific jobs, without regard to race, color, religion, sex, age, national origin, handicapping conditions, marital status or criminal record.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC): The federal government agency mandated to enforce Title VII of the Civil Rights Act of 1964, as amended. The Commission has five members, each appointed to a five year term by the President of the United States with the advice and consent of Congress. The Federal Commission on Equal Employment Opportunity has the power to bring suits, subpoena witnesses, issue guidelines which have the force of law, render decisions, provide legal assistance to complainants, etc., in regard to fair employment.

EQUAL EMPLOYMENT OPPORTUNITY COORDINATING COUNCIL (EEOCC): The coordinating body established under Section 715 of Title VII of the Civil Rights Act of 1964 in its amendment by the Equal Employment Opportunity Act of 1972. The EEOCC is composed of the Secretary of Labor, the Chairman of the EEOC, the Attorney General, the Chairman of the U.S. Civil Service Commission, or their respective delegates. The Council is responsible for taking steps to "... maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations ..." of various federal agencies with compliance responsibilities in equal employment opportunity.

EQUAL PAY: To provide equal pay for men and women performing the same or substantially similar jobs in the same establishment (as required by the Equal Pay Act of 1963 for employers, subject to the Fair Labor Standards Act, e.g., in a department store a female salesperson in the ladies shoe department must receive pay equal to that of a male salesperson in the men's shoe department.).

ETHNIC BACKGROUNDS:

Black, not of Hispanic origin. A person having origins in any of the black racial groups of Africa.

Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

Asian or Pacific Islander. A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa.

American Indian or Alaskan Native. A person having origins in any of the original peoples of North America who maintains cultural identification through tribal affiliation or community recognition.

White, not of Hispanic origin. A person having origins in any of the original peoples of Europe, North Africa, or the Middle East.

ETHNIC GROUP: A group identified on the basis of religion, color or national origin.

EXECUTIVE ORDER: For purposes of this manual, Parts II, III, and IV of Executive Order 11246, September 24, 1965 (30 FR 12319), as amended. The short form references of "Order" or "E.O. 11246" sometimes are used.

EXECUTIVE ORDER 11246 (and 11375): issued by President Lyndon Johnson in 1965 requires that, as a condition for receiving federal contracts, employers have to draw up written affirmative action plans, with utilization, analysis, goals, and timetables, for assuring equal opportunity in employment for minorities. In 1967 President Johnson's Executive Order 11375 amended 11246 to include women. Today, the term Executive Order 11246 is used to include 11375 as well.

EXECUTIVE ORDER 11478: Issued by President Nixon in 1969, forbids discrimination on the basis of race, color, religion, sex, or national origin in federal employment.

EXECUTIVE ORDER 11914: Signed by President Ford in 1976, requires HEW's Office of Civil Rights to coordinate government-wide enforcement of Section 504 of the Rehabilitation Act of 1973.

EXEMPT EMPLOYEES: Employees that are not covered by minimum wage and overtime provisions of the Fair Labor Standard Act (Wage and Hour Law). Generally employees in the managerial ranks.

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FACIALLY NEUTRAL SELECTION STANDARD/CRITERIA: A criterion/process is facially neutral if it does not make any reference to a prohibited factor and is equally applicable to everyone regardless of race, gender or ethnicity; i.e., is not discriminatory on its face. See also "uniformly applied."

THE FAIR LABOR STANDARDS ACT (FLSA): The U.S. Department of Labor basic requirements are payment of the minimum wage; overtime pay for time worked over 40 hours in a workweek; restrictions on the employment of children; and record keeping.

FAMILY AND MEDICAL LEAVE ACT 29 CFR 825: The Family and Medical Leave Act of 1993 (FMLA or Act) - FMLA is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. The Act is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It allows:

(a) "eligible" employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months because of the birth of a child and to care for the newborn child, because of the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition, or because the employee's own serious health condition makes the employee unable to perform the functions of his or her job [see Sec. 825.306(b)(4)]. In certain cases, this leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule.
(b) An employee on FMLA leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. If an employee was paying all or part of the premium payments prior to leave, the employee would continue to pay his or her share during the leave period. The employer may recover its share only if the employee does not return to work for a reason other than the serious health condition of the employee or the employee's immediate family member, or another reason beyond the employee's control.
(c) An employee generally has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave. The taking of FMLA leave cannot result in the loss of any benefit that accrued prior to the start of the leave.
(d) The employer has a right to 30 days' advance notice from the employee where practicable. In addition, the employer may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee's immediate family member. Failure to comply with these requirements may result in a delay in the start of FMLA leave. Pursuant to a uniformly applied policy, the employer may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition [see Sec. 825.311(c)]. The employer may delay restoring the employee to employment without such certificate relating to the health condition which caused the employee's absence [60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995].

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GOALS: Good faith, quantitative employment objectives which employers voluntarily set as the minimum progress they can make within a certain time period (usually one year) to correct under utilization of protected classes in their work force.

GOOD FAITH EFFORTS: This term refers to a contractor's efforts to make all aspects of its affirmative action plan work. Designing and implementing an effective affirmative action plan requires sustained attention. The contractor must analyze its employment and recruitment practices as they affect equal opportunity, identify problem areas, design and implement measures to address the problems, and monitor the effectiveness of its program, making adjustments as circumstances warrant. The basic components of good faith efforts are (1) outreach and recruitment measures to broaden candidate pools from which selection decisions are made to include minorities and women and (2) systematic efforts to assure that selections thereafter are made without regard to race, sex, or other prohibited factors.

GRIEVANCE PROCEDURES: In-house resolution of employees' and/or students' complaints, required under Title IX regulations for students and under several other federal regulations for employees. Usually includes a series of "steps" in the process. Collective bargaining agreements also usually include grievance procedures for resolving employee relations problems.

GUIDELINES: Documents published by various compliance agencies for the purpose of clarifying provisions of a law or regulation and indicating how an agency will interpret its law or regulation.

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HANDICAP: (See Individual with a Disability)

HANDICAPPED: See Individual With a Disability. The term "handicap", although not preferred language, is used interchangeably with "individual with a disability", "individual with handicap", and "handicapped individual."

HANDICAPPED INDIVIDUAL: See Individual With a Disability. The term "handicapped individual" is used interchangeably with "individual with a disability" and "individual with handicap."

HISPANIC: A person, regardless of race, who is of Spanish culture or origin. This includes, for example, persons from Mexico, Central or South America, Puerto Rico, the Dominican Republic and Cuba.

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INDIVIDUAL WITH A DISABILITY: Any person who:

1. has a physical or mental impairment that substantially limits one or more major life activities;
2. has a record of such impairment; or
3. is regarded as having such an impairment.

The following are general definitions as to the meaning of "disability":

(a) Physical or Mental Impairment means: 1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or 2) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term 'physical or mental impairment' includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
(b) Major Life Activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(c) Has a Record of Such an impairment means has a history of a mental or physical impairment that substantially limits one or more life activities.
(d) Is Regarded as Having an Impairment means: 1) has a physical or mental impairment that does not substantially limit major life activities but that is treated by an agency as constituting such a limitation; 2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or 3) has none of the impairments defined above but is treated by an agency as having such an impairment.
(e)Substantially Limits means the degree the impairment affects employability. A handicapped individual who is likely to experience difficulty in securing, retaining or advancing in employment will be considered substantially limited.

INDIVIDUAL WITH A HANDICAP: See Individual With a Disability. The term "individual with handicap" is used interchangeably with "individual with a disability" and "handicapped individual."

INVESTIGATION: A detailed inquiry or systematic examination of allegations of discrimination filed under the College's Equal Employment and Educational Policy and Procedure. The purpose of the investigation is to determine whether the College's Equal Employment and Education Policies, and/or federal and state Equal Employment and Equal Educational law have been violated, and whether corrective action is necessary.

The Office of Equity and Diversity is not an advocate for the complainant or the charged party. During the investigation the Office is a fact finder charged with the responsibility of ensuring compliance with the College's Equal Employment and Educational Policies and federal and state Equal Employment and Equal Educational law.

INVESTIGATIVE SUMMARY: A written summary of the outcome of the investigation conducted by the Office of Equity and Diversity pursuant to the allegation(s) of discrimination made by a complainant. The investigative summary includes the Office of Equity and Diversity's finding of fact, a determination of whether there has been a violation of the College's Equal Employment and Educational Policies, and/or federal and state Equal Employment and Equal Educational law, and whether corrective action is appropriate.

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JOB ANALYSIS: The systematic study of a job to provide information which will enable those planning examinations or other selection devices to determine the knowledge, skills and abilities required for successful performance on the job.

JOB CATEGORY: A grouping or aggregation of job classifications for purposes of analysis or official reporting. For example: Officials and Administrators; Instructional; Professional Non Instructional; Clerical/Secretarial; Technical/Paraprofessional.

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LIFE ACTIVITIES (Major Life Activities): For purposes of Section 503, this term means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

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MINORITY: For EEO official reporting purposes, and for purposes of the work force analysis required in Revised Executive Order No. 4, the term "minority" includes Blacks, Hispanics, Alaskan Natives or American Indians, and Asian or Pacific Islanders.

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NEPOTISM: The practice of showing favoritism to relatives or close friends of other employees over other applicants applying for positions. Nepotism has been found discriminatory to minorities because the system in crafts/apprenticeships, and so forth, resulted in keeping minorities out of the work force. On the other hand, anti-nepotism rules--i.e., refusing to hire two members of the same family--has also resulted in discrimination, particularly in higher education.

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OBJECTIVE CRITERIA/PROCEDURES: Criteria that is fixed, measurable, and objective regarding employment qualifications, selection standards or processes that require judgment in the application. Some characteristics of an objective criterion is that it can be independently verified; i.e., different people measuring objective criteria will reach the same results. Compare with "Subjective Criteria/Procedures."

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP): The branch of the U.S. Department of Labor responsible for monitoring the compliance status of and resolving complaints against all employers having contracts with the Federal Government.

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PARITY: A condition achieved in an organization when the protected class composition of its work force is equal to that in the relevant available labor force. Equality, the ultimate goal of affirmative action programming, is to achieve "parity" in a work force, i.e., women and minorities to be represented in every job category of a work force in the same proportion they are available in the total work force.

PATTERN AND PRACTICE: Repeated acts of discrimination resulting from formal or informal practices in employment and/or education (or other situations) that are derived from a broad context of social behavior that promotes discrimination.

PREFERENTIAL TREATMENT: To give an edge to one class of workers or applicant. Most often used today as relates to affirmative action efforts to bring about parity by including women and minorities in the workforce, or in professional schools. Title VII does not require preferential treatment, but it can be ordered under Section 703g. Preferential treatment in the form of special recruitment efforts for minorities and women is required of government contractors for positions in which they have been "under utilized."

THE PREGNANCY DISCRIMINATION ACT is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. In the hiring process an employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers. In pregnancy and maternity leave, an employer may not single out pregnancy related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.

Any health insurance provided by an employer must cover expenses for pregnancy related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered. Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy related conditions if benefits are provided for other medical conditions. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions. Employees with pregnancy related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.

PRIMA FACIE: A legal presumption that arises from a basic showing of facts which will control a decision unless explicitly proved untrue. In the EEO area, statistics of under utilization have been sufficient to make a prima facie case for discrimination. It is then the responsibility of the employer to justify those statistics.

PROBABLE CAUSE: A reasonable suspicion, supported by facts, that a law has been violated. Determination made by EEOC after investigation of employment discrimination charge.

PROTECTED CLASSES: Groups identified in Executive Order 11246 (minorities, women, disabled persons and Vietnam Era Veterans) that are specifically protected against employment discrimination.

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QUOTAS: In employment law, court ordered or approved hiring and/or promoting of specified numbers or ratios of minorities or women in positions from which a court has found they have been excluded as a result of unlawful discrimination. Quotas are not the same as goals and timetables.

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RACISM: Describes any attitude or practice resulting from thoughts or beliefs that place the members of any race into a category or ascribes characteristics to any race that are consciously or unconsciously based on culturally induced race-related stereotypes.

REASONABLE ACCOMMODATION: The changing of environment, schedules or requirements to adapt to the known physical or mental limitations of a qualified handicapped applicant or employee.

RELEVANT WORK FORCE: All individuals who are qualified to perform a particular job and who would accept employment in the particular geographic location.

RELIGIOUS ACCOMODATION: The requirement of a contractor to accommodate sincere religious observances and practices of an employee or prospective employee unless the contractor can demonstrate that it is unable to do so without undue hardship on the conduct of its business.

REMEDY: Whatever is required to "make the charging party whole," that is, to bring the party to what would have (or would not have) been had a violation not occurred."

REPRISAL: See Retaliation below.

RETALIATION: Any adverse employment or educational activity or conduct which is directed at a complainant or witness as a reprisal for opposing any activity or conduct which is a violation of the College's Equal Employment and Education Policies, and/or federal and state Equal Employment and Equal Education law

REVERSE DISCRIMINATION: A term, not defined by law, used to describe alleged discrimination to a white male that results from a female or a minority male obtaining advancement. The term, used emotionally, is redundant; discrimination is discrimination regardless of who is the loser or winner and white males also are protected by the 1964 Civil Rights Act.

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SELECTION PROCESS: Any measure, combination of measures, or procedure used as a basis for any employment decision; commonly consists of minimum qualifications, test(s), employment interview, and probationary period.

SELECTIVE CERTIFICATION: The process of certifying the names of persons on an eligible list based on their possession of specific qualifying criteria (e.g. by sex).

SEXUAL HARASSMENT: Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. Submission to the conduct is either an explicit or implicit term or condition of employment;
2. Submission to or rejection of the conduct is used as a basis for an employment affecting the person rejecting or submitting to the conduct; or
3. The conduct has the purpose or effect of unreasonably interfering with an affected person's work performance, or creating an intimidating, hostile, or offensive work environment.

SEXUAL ORIENTATION: A private preference of an individual protected by Executive Order No. 28 for heterosexuality, homosexuality or bisexuality; or a history of such a preference; or an identification with having such a preference.

STANDARD METROPOLITAN STATISTICAL AREA (SMSA): A statistical standard developed for use by federal agencies in the production, analysis, and publication of data on metropolitan areas; each SMSA has one or more central counties containing the area's main population concentration and may also include outlying counties which have close economic and social relationships with the central counties.

SUBJECTIVE CRITERIA/PROCEDURES: Criteria that is not fixed, not measurable, and not objective regarding employment qualifications, selection standards or processes that require judgment in application, such that different persons applying such criteria/procedures would not necessarily reach the same conclusion. A criterion is subjective if it is not fixed or measurable. Compare with "Objective Criteria/Processes."

SYSTEMIC DISCRIMINATION: Employment policies or practices that serve to differentiate or to perpetuate a differentiation in terms or conditions of employment of applicants or employees because of their status as members of a particular group. Such policies or practices may or may not be facially neutral, and intent to discriminate may or may not be involved. Systemic discrimination, sometimes called class discrimination or a pattern or practice of discrimination, concerns a recurring practice or continuing policy rather than an isolated act of discrimination.

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TERMS AND CONDITIONS OF EMPLOYMENT: This phrase includes all aspects of the employment relationships between an employee and his or her employer including, but not limited to, compensation, fringe benefits, leave policies, job placement, physical environment, work-related rules, work assignments, training and education, opportunities to serve on committees and decision-making bodies, opportunities for promotion, and maintenance of a nondiscriminatory working environment.

TERMINATION OF EMPLOYMENT: Separation of an employee from the active and inactive payroll.

THIRD PARTY COMPLAINT: A discrimination-in-employment complaint that may be brought by an organization on behalf of a company's employees who themselves may remain anonymous.

TIME TABLE: A specified time frame, required in all affirmative action plans, within which an employer must achieve established numerical employment goals.

TITLE IV (OF THE 1964 CIVIL RIGHTS ACT): Provides for nondiscrimination in education on the basis of race, color, religion, and national origin.

TITLE VI (OF THE 1964 CIVIL RIGHTS ACT): Prohibits discrimination on the basis of race, color, religion, or national origin in the provision of benefits or services under federally assisted programs and activities including educational institutions. Employment is a factor under Title VI only where it is a primary objective of the federal assistance.

TITLE VII (OF THE 1964 CIVIL RIGHTS ACT): Federal law prohibiting discrimination on the basis of race, sex, color, religion, and national origin. Federal financial assistance is not a factor.

TITLE IX (OF THE EDUCATION AMENDMENTS OF 1972, AS AMENDED): Federal law prohibiting sex discrimination under any educational program or activity receiving federal financial assistance. Covers both employees and students, as well as athletics, physical education, and counseling. Does not cover curriculum materials. Requires institutional self-evaluation and appointment of Title IX coordinators.

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UNDER UTILIZATION/UNDER REPRESENTATION: Term used to describe a situation wherein a lower number of protected class employees are represented than parity would predict. Once under utilization is quantitatively established, an employer must 1) demonstrate that the under utilization is the legitimate effect of a BFOQ or results from business necessity; or 2) develop an affirmative action program with specific, action oriented steps to overcome this under utilization.

UNIFORMLY APPLIED: Applying employment criteria/processes in the same manner to members of a particular race, color, religion, sex or national origin group and others.

UNITED STATES COMMISSION ON CIVIL RIGHTS: An independent, bipartisan agency established by Congress in 1957 and directed to:

(a) Investigate complaints alleging that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, handicap or national origin, or by reason of fraudulent practices;
(b) Study and collect information concerning legal developments constituting discrimination or a denial of equal protection of the laws under the Constitution because of race, color, religion, sex, age, handicap or national origin, or in the administration of justice;
(c) Appraise Federal laws and policies with respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, handicap or national origin, or in the administration of justice;
(d) Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, handicap or national origin;
(e) Submit reports, findings and recommendations to the President and Congress.

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VALIDATION: The process by which employee selection devices are demonstrated empirically to be predictive of job performance. Under EEOC Guidelines, tests or other selection devices which screen out minorities or women at a greater rate than others must be validated according to procedures which meet the published standards of the American Psychological Association.

VETERAN: A person who served in the Armed Forces of the United States during a period specified and was honorably discharged or was released under honorable circumstances or served a comparable tour of duty or awarded a campaign badge. Armed Forces is defined as the Army, Navy, Marine Corps, Air Force and Coast Guard, including all components thereof, and the National Guard when in the service of the united States pursuant to call as provided by law on a full-time active duty basis, which does not include active duty for training purposes. The specified periods of service are: 12/7/41 - 9/2/45; 6/26/50 - 1/31/55; and 8/5/64 - 5/7/75. For service with the U.S. Public Health Service, the specified periods are 7/29/45 - 9/2/45 and 6/26/50 - 7/3/52.

VIETNAM ERA VETERAN: A Vietnam era veteran is a person who served on active duty in the Armed Forces of the United States, any part of which occurred between 8/5/64 and 5/7/75, and was honorably discharged or was released under honorable circumstances or served a comparable tour of duty or awarded a campaign badge related to service in Vietnam or other southeast Asian countries prior to the above stated dates.

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WHITE: An individual, not of Hispanic origin, with origins in any of the original peoples of Europe, North Africa or the Middle East.

WORK FORCE ANALYSIS: A statistical analysis of the numbers and percentages of all employees of a specific employer by race, or ethnic origin, sex, Vietnam Era Veteran and/or disability status by job category and level.

WRONGFUL DISCHARGE: Generally, unlawful employment termination. The phrase "wrongful discharge" is frequently used to refer to exceptions created by the courts in some states to the employment at will doctrine. Courts in such states differ in the circumstances in which they will allow wrongful discharge suits challenging a termination. State law on this issue is not of direct concern to OFCCP. The Executive Order, Section 503, 38 U.S.C. §4212 and implementing regulations prohibit termination based on a prohibited factor.

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ZONE SCORING: A scoring technique which divides candidates into a small number of groups, with all candidates within a group assigned the same score also known as block, band or category scoring.