Ability

A present competence to perform an observable behavior or a behavior which results in an observable product.

Accessibility

A handicapped individual's ability to approach, enter, and use an employer's facilities such as reception areas, employment offices, and the actual job site. Referred to in Section 503 of the Handicapped Regulations.

Age Discrimination in Employment Act (ADEA)

A federal law prohibiting age discrimination by employers of 20 or more employees against people over age 40, except where age is a bona fide occupational qualification or where the person is in a certain key executive or policy-making position and his or her retirement pension will be in excess of $44,000 per year. Such employees may be required to retire at age 65.

American Indian or Alaskan Native

A person with origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.

Americans With Disabilities Act

Most recent comprehensive civil rights legislation for the Disabled. This lesgislation was approved October 1990. For further information contact the Affirmative Action Office.

Asian or Pacific Islander

A person with origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. Also included are the countries of China, Japan, Korea, the Philippine Islands, and Samoa. The Indian subcontinent includes: Bangladesh, Bhutan, India, Nepal, Pakistan, Sikkim, and Sri Lanka.

Black/African American

A person with origins in any of the black racial groups of Africa who is not of Hispanic origin. Used to determine race codes for EEO and affirmative action plan purposes. Burden of Proof

For purposes of definition in this workbook, the term often refers to the burden placed on an employer to present a legitimate, nondiscriminatory reason for its employment action once a member of a protected class shows that he or she has been subject to an adverse employment decision, despite being qualified.

Chilling Effect

Any practice which has the effect of seriously discouraging the exercise of a right.

Civil Rights

The right of certain individuals not to be discriminated against in employment, public accommodations, housing, voting, and education because of their protected-class status.

Civil Rights Act of 1964

The nation's first comprehensive law making it illegal to discriminate on the basis of race, color, religion, sex, and national origin. Title VII of that law, which is enforced by the Equal Employment Opportunity Commission, is specifically aimed at discrimination in employment.

Code of Federal Regulations (CFR)

Federal statutes and executive orders are broad, general statements of law. Federal regulations, on the other hand, fill in the details. For example, Executive Order 11246 requires federal contractors to take affirmative action. The federal regulations issued under that executive order specify exactly how the contractor should do that.

Deficiency

Noncompliance with any government regulation. 

Disabled Veteran

A person entitled to compensation under laws administered by the Veterans Administration for disability rated at 30% or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

Discrimination

Illegal treatment of a person or group based on race, sex, or other prohibited factor. There are two types of discrimination: disparate treatment and disparate impact. Disparate treatment means treating a person differently because of his or her race, sex, handicap, or other protected-class status. Disparate impact, a less blatant form of discrimination, means a practice which has a greater negative effect on members of protected classes than on others.

Disparate Impact

Different treatment of employees or applicants based on their race, color, religion, sex, national origin, handicap, or veteran status.

Equal Employment Opportunity (EEO)

A system of employment practices under which no individuals are excluded from consideration, participation, promotion, or benefits because of their race, color, religion, sex, national origin, age, handicap, or veteran status. The purpose of affirmative action is to achieve equal employment opportunity.

Equal Employment Opportunity Commission (EEOC)

The federal government agency designated to enforce Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the Age Discrimination in Employment Act of 1967. The Commission has five members, all appointed to a five-year term by the president with the advice and approval of Congress.

Equal Pay Act of 1963

A federal law which required equal pay between the sexes on jobs that are equal in skill, effort, and responsibility.

Ethnic Group

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

Executive Order

A regulation promulgated by the president which has the effect of law on those governmental matters with which it deals.

Executive Orders 11246, 11375, and 12086

These orders require federal contractors with contracts of $10,000 or more to agree to grant equal employment opportunity on the basis of race, color, religion, sex, and national origin. Additionally, the orders require those who employ 50 or more employees and who hold contracts of $50,000 or more to develop written affirmative action plans.

Fair Employment Practices Agency (FEPA)

A state or local government agency which administers state or local laws, regulations, or ordinances prohibiting employment discrimination on the basis of sex, minority status, and other prohibited factors. Sometimes called the fair housing and employment agency or the state human relations commission where jurisdictions go beyond the employment scene.

Griggs v. Duke Power Co.

The landmark U.S. Supreme Court decision of 1971 which determined that employment tests or qualifications which screen out minorities or women at a higher rate than other candidates cannot be used unless the employer proves that such a selection method is related to the job for which it is used. Such proof must be in the form of a validation study.

Handicapped Individual

Any person who (1) has a physical or mental impairment that substantially limits one or more of his or her major life activities, (2) has a record of such impairment, or (3) is regarded as having such impairment. A handicap is substantially limiting if it is likely to cause difficulty in securing, retaining, or advancing employment. "Disabled" is the preferred terminology.

Hispanic

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

Internal Review Procedure

A procedure by which an employer can adequately address and resolve a complaint of employment discrimination made by a handicapped individual, a disabled veteran, or a Vietnam era veteran. Federal regulations permit employers first to use their own review procedures to handle complaints by handicapped people or veterans. Complaints that alledge discrimination or affirmative action violations on account of race, religion, sex, or national origin are filed directly with the federal government. In these situations there is no opportunity for the employer initially to use its own review procedures.

Invitation to Self-Identify

An invitation by an employer extended to all employees and applicants who believe they are covered by Section 402 or 503 to identify themselves as handicapped, disabled veterans, or Vietnam era veterans for purposes of making reasonable accommodation and taking affirmative action on their behalf. All information obtained in response to such an invitation is to be kept confidential.

Minorities

All persons classified as black (not of Hispanic origin), Hispanic, Asian or Pacific Islander, or American Indian or Alaskan Native.

National Origin

This term refers not only to one's place of birth, but to an ancestor's place of birth as well.

Nondiscrimination

The absence of either overt or intentional discrimination, or discrimination resulting from actions that have greater adverse impact on a protected class.

Nondiscrimination Clause

A clause required in federal contracts with suppliers in which the supplier commits to take affirmative action in employment, upgrading, transfer, promotion, demotion, layoff, termination, and training.

Notices to be Posted

Notices to employees, applicants for employment, and union members prepared and approved by the Equal Employment Opportunity Commission which describe pertinent provisions of the law or regulations, and information pertaining to the filing of a complaint.

Office of Federal Contract Compliance Programs (OFCCP)

An office within the U.S. Department of Labor which has the responsibility of administering Executive Order 11246 and its implementing regulations.

Parity

The employment of women and minorities in various job groups at levels which approximate the external availability of qualified members of those groups for those particular job categories.

Pregnancy Disability

The period during which a female employee is unable to do the duties of the job because of pregnancy, childbirth, or related medical conditions. Employees in this situation must be treated the same as those with disabilities caused by other medical conditions.

Privacy Act

Protects against unauthorized use of personally identified data by any agency of the federal government. The employee must consent to the release of the data.

Promotion

A personnel action which results in a person moving to a job requiring higher skill or talents and usually involving greater pay or title.

Protected Class

A group of people protected from employment discrimination under government regulations and laws, specifically identified as women, blacks, Hispanics, Asians or Pacific Islanders, American Indians or Alaskan Natives, people over age 40, the handicapped as defined under Section 503, and disabled veterans and Vietnam era veterans as defined under the Vietnam Era Veterans Readjustment Assistance Act.

Qualified Disabled Veteran

A disabled veteran who is capable of performing a particular job with reasonable accommodation to his or her disability.

Qualified Handicapped Individual

A handicapped individual who is capable of performing a particular job with reasonable accommodation to his or her handicap.

Reasonable Accommodation

Changes in the job or workplace which enable a handicapped individual or disabled veteran to perform the work. Also refers to adjustments made by an employer to accommodate an employee whose religious beliefs forbid working certain days and hours.

Reasonable Cause

An EEOC determination that there is a basis to believe that a charge or complaint is true.

Regarded as Handicapped

An individual treated or regarded by the employer as handicapped but who may either have no physical or mental impairment, or have an impairment that does not limit his or her major life activities.

Rehabilitation Act of 1973

A federal law that required contractors and subcontractors with contracts in excess of $2,500 to take affirmative action to employ and advance in employment handicapped individuals.

Religion

Includes all aspects of religious observance and practice as well as belief.

Remedies

The means used to correct problem areas; a term used in conciliation agreements and letters of commitment. The purpose of the remedial provisions of the Civil Rights Act is to make whole the victims of discrimination.

Requisite Skills

The skills needed to do a job; those skills that make a person eligible for consideration for employment in a job.

Segregated Facilities

Facilities belonging to an employer which provide different accommodations for members of one race than those for another. Although the language of Title VII provides that segregation on the basis of sex is prohibited, separate lavatory, locker, shower, and other personal facilities have not been declared unlawful.

Sex Discrimination

Discriminatory or disparate treatment of an individual because of his or her sex.

Terms and Conditions of Employment

These words encompass all aspects of an employee's relationship with an employer.

Title VII

A federal law that prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It applies to all employers of 15 or more employees, regardless of whether or not they are federal contractors.

Underrepresentation

Fewer women or minorities in a job group than their proportion in the contractor's workforce. .

Undue Hardship

In order for an employer to be able to refuse an employee's request for accommodation because of handicap or religious beliefs, the employer must be able to prove that the accommodation would cause undue hardship. Undue hardship is measured in terms of business necessity and financial cost and expenses.

Unlawful Employment Practice

Any policy, practice, or procedure which tends to discriminate.

Utilization Analysis

The comparison of the number of minorities and women in the employer's workforce and the jobs that they occupy, to the availability of minorities and women in the contractor's labor area, and, in the case of promotional jobs, those promotable employees in the contractor's own workforce.

Vietnam Era Veteran

A person who served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge, or was discharged or released from active duty for a service-connected disability if any part of such duty was between the above-listed dates and who was so discharged or released within 48 months preceding the alleged violation of the Vietnam Era Veterans Readjustment Act of 1974.

Vietnam Era Veterans Readjustment Act of 1974

A federal law that requires firms holding federal contracts or subcontracts of $10,000 or more to take affirmative action to hire and advance in employment disabled veterans and Vietnam era veterans.

White

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

Word-of-Mouth Recruitment

Relying on present employees as a means of securing new applicants for employment.

_{Glossary of Selected Terms from "How to Write an Affirmative Action Plan" of The Business and Legal Reports, Inc.}