Term
| Equal Employment Opportunity (EEO) |
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Definition
| "The concept that all individuals should have equal treatment in all employment-related actions." |
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Term
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Definition
| “Recognizing differences among items or people.” |
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Term
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| Individuals within a group identified for protection under equal employment laws and regulation. |
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Term
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Definition
Occurs in employment-related situations when either:
Different standards are used to judge different individuals, or the same standard is used, but it is not related to the individuals’ jobs |
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Term
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Definition
| Occurs when substantial underrepresentation of protected-class members results from employment decisions that work to their disadvantage. |
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Term
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Definition
The court ruled that a prima facie (preliminary) case of employment discrimination exists by showing:
The person is a member of a protected group.
The person applied for and was qualified for a job but was rejected.
The employer continued to seek other applicants after the rejection occurred. |
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Term
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Definition
| Once a court rules that a prima facie case has been made, the burden of proof shifts to the employer. |
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Term
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Definition
| Employment that is not affected by illegal discrimination. |
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Definition
| Differences among people should be ignored and everyone should be treated equally. |
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Definition
| Employers are urged to hire groups of people based on their race, age, gender, or national origin to make up for historical discrimination. |
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Term
| Pay Equity (Comparable Worth) |
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Definition
| The concept that pay for jobs requiring comparable levels of knowledge, skill, and ability should be paid similarity, even if actual duties differ significantly. |
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Term
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Definition
| Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment. |
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Definition
| Someone who has a physical or mental impairment that substantially limits life activities, who has a record of such impairment, or who is regarded as having such an impairment. |
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Definition
| Fundamental job duties of the employment position that an individual with a disability holds or desires. |
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Definition
| Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities. |
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Term
| Age Discrimination in Employment (ADEA) |
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Definition
Prohibits employment discrimination against all individuals age 40 or older working for employers having 20 or more workers.
Does not apply if age is a job-related qualification (BFOQ). |
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Term
| Older Workers Benefit Protection Act (OWBPA) |
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Definition
| An amendment to the ADEA aimed at protecting employees when they sign liability waivers for age discrimination in exchange for severance packages. |
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Term
| Immigration Reform and Control Act (IRCA) |
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Definition
Prohibits employment discrimination against persons legally permitted to work in the United States.
Requires employers to document (I-9 form) eligibility for employment.
Provides penalties for knowingly employing illegal workers. |
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Term
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Definition
Discrimination is illegal unless religion is a bona fide occupational qualification.
Reasonable accommodation of beliefs is required. |
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Term
| Military Status and USERRA |
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Definition
| The Vietnam-Era Veterans Readjustment Act and the Uniformed Services Employment and Reemployment Act encourage the employment of veterans and require employers to provide leaves of absence and reemployment rights for employees called to active duty. |
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Term
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Definition
At present, federal protection against workplace discrimination has not been granted.
Court cases and the EEOC have ruled that sex discrimination under Title VII applies to a person’s gender at birth. |
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Term
| Appearance and Weight Discrimination |
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Definition
Uniform application of dress codes is permitted.
Height and weight-related job requirements must be job-related. |
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Term
| Seniority and Discrimination |
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Definition
| Courts have held that the application of a valid seniority system does not violate the rights of protected-class individuals. |
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Term
| Conviction and Arrest Records |
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Definition
Employers may not use arrest records in employment decisions.
Conviction records may be used in determining employability if the offense is job-related. |
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Term
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Definition
| If the selection rate for a protected-class is less than 80% (4/5ths) of the selection rate for the majority group or less than 80% of the group’s representation in the relevant labor market, then discrimination exists. |
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Term
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Definition
Any employment procedure used as the basis for making an employment-related decision.
Must have both job-related validity and reliability.
Validity
The extent to which a test actually measures what it says it measures.
Reliability
The consistency with which a test measure measures an item. |
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Term
| Employment “test” Validity |
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Definition
| The extent to which a test actually measures what it says it measures. |
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Term
| Employment “test” Reliability |
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Definition
| The consistency with which a test measure measures an item. |
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Term
| Selection Procedures and Validity |
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Definition
| Employers must demonstrate that tests of knowledge, skills, and abilities (KSAs) are valid and job-related. |
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Term
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Definition
| Use of a logical, non-statistical method (e.g., job analysis) to identify the KSAs and other characteristics necessary to perform the job. |
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Term
| Criterion-Related Validity |
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Definition
| Validity measured using a test as the predictor of how well an individual would perform on the job. |
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Term
| EEOC-1 (Annual Reporting Form) required for: |
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Definition
All employers with 100 or more employees, except state and local governments
Subsidiaries of companies if the total number of combined employees equals 100 or more
Federal contractors with at least 50 employees and contracts of $50,000 or more
Financial institutions with at least 50 employees, holding government funds or issuing saving |
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Term
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Definition
To guard against pay inequities, employers should:
Include benefits and other items to calculate pay.
Inform all employees how pay practices work.
Base pay on the value of jobs and performance.
Benchmark pay against local and national markets
Conduct audits to detect gender-based inequities |
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Term
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Definition
| Linking employment outcomes to the harassed individual’s granting of sexual favors. |
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Term
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Definition
| Allowing intimidating or offensive working conditions to unreasonably affect an individual’s performance or psychological well-being. |
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Term
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Definition
| Occurs when a person is denied an opportunity because of preferences given to protected-class individuals who may be less qualified. |
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Term
| Tangible Indicators of Diversity |
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Definition
Age
Marital and family status
Disabilities
Race/ethnicity
Religion
Gender
Sexual orientation |
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Term
| Bona fide occupational qualification (BFOQ) |
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Definition
| Characteristic providing a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration. |
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Term
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Definition
| Discriminatory practices that have prevented women and other protected-class members from advancing to executive-level jobs. |
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Term
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Definition
| Identifies the number of protected-class members employed in the organization and the types of jobs they hold. |
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