Glossary of Terms

GLOSSARY OF TERMS

Accessibility- The extent to which a facility is readily approachable and usable by individuals with disabilities, particularly places of employment and other public areas.

Affirmative Action- A program designed to counter past discrimination against women and minority groups, especially in education and employment.

Affirmative Action Program (AAP)- A written program, in which an employer details the steps it will take and has already taken, to ensure equal employment opportunity, and to address identified under representations of women and/or minorities in its workforce.

Age Discrimination Act of 1975- A federal law prohibiting discrimination on the basis of age in programs and activities receiving federal financial assistance. The Act, which applies to all ages, permits the use of certain age distinctions and factors other than age that meet the Act's requirements.

Age Discrimination in Employment Act of 1967 (ADEA)- A federal law prohibiting discrimination in employment based on age. Applicants for employment and employees 40 years of age and older are protected.

Americans with Disabilities Act of 1990 (ADA)- A federal statute that prohibits discrimination in employment, public services, and public accommodations against any person with a disability (defined as "a physical or mental impairment that substantially limits one or more major life activities"). In addition, employers are required to provide reasonable accommodation to qualifying individuals to perform the essential functions of the job.

At-Will Employment- Employment that is usually undertaken without a contract and that may be terminated at any time, by either the employer or the employee, without cause.

Bi-racial- A person who identifies coming from two races. A person whose biological parents are of two different races.

Bias- An inclination or preference either for or against an individual or group that interferes with impartial judgment.

Bona Fide Occupational Qualification (BFOQ)- An employment qualification that, although it may negatively affects members of a protected class (such as sex or age), relates to an essential job function and is considered reasonably necessary to the operation of the particular business. (Examples: age requirement for pilots; gender requirement for locker room attendants)

Culture- The patterns of daily life learned consciously and unconsciously by a group of people. These patterns can be seen in language, governing practices, arts, customs, holiday celebrations, food, religion, dating rituals, and clothing.

Department of Labor (DOL)- Administrative agency of the federal government charged with administering and enforcing employment laws.

Discrimination- In employment, when a facially neutral practice has a negative effect on members of a protected class where no justifiable business necessity exists.

Disparate Impact- The adverse effect of a facially neutral practice (especially an employment practice) that nonetheless discriminates against persons because of their race, sex, national origin, age, or disability and that is not justified by business necessity. Discriminatory intent is irrelevant in a disparate impact claim. Also termed adverse impact.

Disparate Treatment- The practice, especially in employment, of intentionally treating persons differently because of their race, sex, national origin, disability or other protected class.

Diversity- This word most commonly refers to differences between cultural groups, although it is also used to describe differences within cultural groups, i.e. diversity within the Asian-American culture includes Korean-Americans and Japanese-Americans. An emphasis on accepting and respecting cultural differences by recognizing that no one culture is intrinsically superior to another underlies the current usage of the term. Refers to the range of differences in such things as race, ethnicity, language, culture, religion, age, gender, socioeconomic status, family status, sexual orientation, political views, disability status, etc. Diversity may mean different things to different people or organizations. In employment settings, there is usually an emphasis on recognizing and respecting the unique differences each employee and customer brings to the organization.

Equal Employment Opportunity Commission (EEOC)- An independent federal commission, created by Title VII of the Civil Rights Act of 1964, that investigates claims of employment discrimination based on race, color, religion, sex, national origin, disability and age and enforces federal antidiscrimination statutes.

Equal Opportunity- Policies and practices in employment and education that promote full participation and do not discriminate against persons on the basis of race, color, religion, sex, age, disability, national origin, veteran status or sexual orientation (according to UTEP policy).

Equal Pay Act of 1963 (EPA)- A federal statute that prohibits discrimination in payment of wages or benefits on the basis of sex, where men and women perform work of similar skill, effort and responsibility.

Ethnicity- A term which represents social groups with a shared history, sense of identity, geography and cultural roots which may occur despite racial difference.

Executive Order 11246- Prohibits job discrimination on the basis of race, color, sex, religion or national origin and requires affirmative action to ensure equality of opportunity in all aspects of employment. Mandates that certain federal contractors maintain a written affirmative action plan.

Gender- The socially-constructed concepts of masculinity and femininity; the “appropriate” qualities or characteristics that are expected to accompany each biological sex.

Harassment- Persistent words, conduct or actions directed at an individual that badger, annoy, threaten or cause substantial emotional distress. When based on race, sex, religion, or any other protected class, harassment becomes an equal opportunity matter.

Hostile Environment- A type of harassment where an individual is subjected to unwelcome behavior based on race, sex, religion or any other protected class that unreasonably interferes with his/her ability to work or perform academically and creates an intimidating or offensive environment. Most commonly associated with sexual harassment.

Individual with Disability- Under the Americans with Disabilities Act (ADA), any person who (a) has a permanent or long-term physical or mental impairment which substantially limits one or more of such person's major life activities; (b) has a record of such an impairment; or (c) is regarded as having such an impairment.

Major Life Activity- Under the Americans with Disabilities Act (ADA), any activity that an average person in the general population can perform with little or no difficulty, such as seeing, hearing, sleeping, eating, walking, breathing, sitting, etc. A person who is substantially limited in performing a major life activity, due to a permanent or long-term physical or mental impairment, has certain rights and protections under a variety of disability laws, most significantly the Americans with Disabilities Act and the Rehabilitation Act.

Minority- Term used to describe a group that represents a smaller percentage of the total population than another group or groups.

Multiculturalism- The practice of acknowledging and respecting the various cultures, religions, races, ethnicities, attitudes and opinions within an environment.

National Origin- The country in which a person was born, or from which the person's ancestors came. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin.

Newly Separated Veteran- Any veteran who served on active duty in the U.S. military, ground, naval or air service during the one-year period beginning on the date of such veteran’s discharge or release from active duty.

Office of Federal Contract Compliance Programs (OFCCP)- Division of the Employment Standards Administration in the Department of Labor responsible for enforcing three statutes for federal contractors and subcontractors: Executive Order No. 11246, the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act. OFCCP enforces these laws through the use of compliance reviews, complaint investigations, administrative procedures and judicial procedures.

Orphan of a Veteran- A person who is the child of a veteran who is competent, and the veteran served in the military for not less than 90 consecutive days during a national emergency and who was killed while on active duty.

Other Protected Veteran- Veterans who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized.

Pregnancy Discrimination Act- An amendment to Title VII of the Civil Rights Act of 1964 which prohibits discrimination on the basis of pregnancy, childbirth and related medical conditions.

Protected Class- A group of people who share common characteristics and are protected from discrimination and harassment. Protected classes according to UTEP’s equal opportunity policy are: race, color, sex, religion, national origin, age, disability, veteran status and sexual orientation.

Quid Pro Quo Harassment- “This for that” sexual harassment in which the satisfaction of a sexual demand is used as the basis for an employment or academic decision. This type of harassment might occur, for example, if a supervisor terminated or demoted an employee because he/she refused the supervisor’s request for a date.

Race- A group or people considered distinct based on physical characteristics. For federal reporting purposes, currently 5 categories are utilized: White, Black, Asian/Pacific Islander, Native American and Hispanic. “Hispanic” is actually considered to be an ethnicity and not a race.

“Reasonable Person Standard”- The legal precedent used by many courts to determine whether alleged conduct is sexual harassment. Reasoning that because women are more often victims of sexual violence than men are, women may have a stronger incentive to be concerned with sexual behavior. Men, who are less likely to be victims of sexual violence, may not perceive sexual behavior in the same way.

Reasonable Accommodation- Under the Americans with Disabilities Act (ADA), a workplace modification made so that a qualified individual with a disability can apply for a job, or perform the essential functions of a job. Providing reasonable accommodations that cause an “undue hardship” to the employer is not required.

Rehabilitation Act of 1973- Section 503 of the Rehabilitation Act of 1973, as amended, prohibits job discrimination based on disability and requires affirmative action to employ and advance in employment qualified individuals with disabilities who, with reasonable accommodation, can perform the essential functions of a job. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any program or activity receiving or benefiting from federal financial assistance.

Religion- A sincerely held set of beliefs, values and attitudes; beliefs and opinions concerning the existence, nature and worship of a Supreme Being, supernatural force or god(s).

Retaliation- taking adverse action against a person who opposed illegal discrimination or harassment, filed a complaint or participated in an investigation. Retaliation is prohibited under Title VII of the Civil Rights Act of 1964.

Sex- The biological classification of male or female (based on genetic or physiological features).

Sexual Harassment- A type of discrimination defined by unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature when: submission to such conduct is made a term or condition of employment or academic status, either explicitly or implicitly; submission to or rejection of such conduct is used as a basis for evaluation in making personnel or academic decisions affecting that individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s performance as an administrator, faculty member, staff, or student, or creating an intimidating, hostile, or offensive environment.

Sexual Misconduct- Unwelcome sexual advances, requests for sexual favors or verbal, non-verbal or physical conduct of a sexual nature that may not rise to the level of sexual harassment, but is unprofessional or inappropriate for the workplace or classroom.

Sexual Orientation- A person's predisposition or inclination toward a particular type of sexual activity or behavior; heterosexuality, homosexuality or bisexuality.

Special Disabled Veteran- A person who: (i) is a veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans’ Affairs for a disability, and is (a) rated at 30 percent or more, or (b) rated at 10 or 20 percent in the case of a veteran who has been determined under Section 38, U.S.C. 3106, to have a serious employment handicap, or (ii) was discharged or released from active duty become of a service-connected disability.

Stereotype- Blanket beliefs and expectations about members of certain groups that present an oversimplified opinion or prejudiced attitude. They go beyond necessary and useful categorizations and generalizations in that they are typically negative, are based on little information and are highly resistant to change.

Surviving Spouse of a Veteran- A person who is the spouse of a veteran who has not remarried and is competent, and the veteran served in the military for not less than 90 consecutive days during a national emergency and was killed while on active duty.

Third-party Sexual Harassment- Sexual harassment of employees or students who are not themselves the target of the harassment, but they are affected by the conduct or behavior. Third-party sexual harassment may occur as quid pro quo or hostile environment harassment.

Title VI of the Civil Rights Act of 1964- Prohibits discrimination on the basis of race, color and national origin in programs or activities receiving federal financial assistance.

Title VII of the Civil Rights Act of 1964- Prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It covers all terms and conditions of employment (re: hiring, compensation, discipline, termination, etc.), and it holds the employer responsible for any discrimination that occurs within the employer’s organization.

Title IX of the Education Amendments of 1972- Prohibits discrimination on the basis of sex in educational programs or activities which receive federal assistance.

Tolerance- Acceptance and open-mindedness to different practices, attitudes, and cultures; does not necessarily mean agreement with the differences.

Undue Hardship- Under the Americans with Disabilities Act (ADA), an accommodation is an undue hardship if it were to cause significant difficulty, disruption or expense in relation to the size of the employer, the resources available or the nature of the operation. An employer is not required to implement an accommodation that would result in undue hardship.

Veteran- A person who served in the military for not less than 90 consecutive days during a national emergency declared in accordance with federal law or was discharged from military service for an established service-connected disability, and was honorably discharged from military service and is competent.

Veteran of the Vietnam Era- A veteran, any part of whose active U.S. military, ground, naval or air service, was during the period February 28, 1961 to May 7, 1975 or August 5, 1964 to May 7, 1975 who (i) served on active duty for a period of more than 180 days, and was discharged or released with other than a dishonorable discharge; or (ii) was discharged or released from active duty because of a service-connected disability if any part of such duty was performed between the dates cited.

Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)- requires covered federal government contractors and subcontractors to take affirmative action to employ and advance specified categories of veterans protected by the Act and prohibits discrimination against such veterans. In addition, VEVRAA requires contractors and subcontractors to list their employment openings with the appropriate employment service delivery system, and that covered veterans receive priority in referral to such openings. Further, VEVRAA requires federal contractors and subcontractors to compile and submit annually a report on the number of current employees who are covered veterans.

Sources:

http://www.miamidade.gov/OFEP/glossary_of_terms.asp

http://www.ohiou.edu/~one/dd.html

http://www.cmich.edu/aaeo/diversity-dictionary.htm

http://www.de2.psu.edu/harassment/legal/