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Positive steps taken in order to alleviate conditions resulting from past discrimination or from violations of a law. |
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Bona Fide Occupational Qualification |
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A qualification that permits discriminatory practices in employment if a person's religion, sex, or national origin is reasonably related to the normal operation of a particular business. |
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Business Necessity Defense |
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Definition
An affirmative defense under Title 7 of the Civil Rights Act. It is raised to disparate impact claims and asserts that a facially neutral but discriminatory policy is job related. |
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Jobs that, although different, produce substantially equal value for the employer. |
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Any physical or mental impairment that substantially limits a major life activity. |
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A term of employment litigation that refers to the disproportionate impact of a policy neutral on its face on some protected class. |
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Definition
A term of employment litigation that refers to the disproportionate impact of a policy neutral on its face on some protected class. |
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Term
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Definition
A term of employment litigation that refers to the illegal discriminatory impact of a policy neutral on its face on some protected class. |
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Genetic Information Nondiscrimination Act |
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Definition
Prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information or a family members genetic information. |
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Hostile Working Environment |
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Definition
Under Title 7 an environment where co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti. |
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Definition
A disabled person who can perform the duties of a job. |
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Definition
The action an employer must take under Title 7 of the Civil Rights Act and under the Americans with Disabilities Act to adopt employment conditions to an employee's religious belief or disability. |
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Term
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Definition
Used in labor law, employment discrimination cases, and whistle-blowing as part of a doctrine prohibiting an employer from firing or taking other adverse actions against employees for reporting the employer to federal agencies for violating various laws. |
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Definition
The advancement and recruitment of minority workers ahead of similarly qualified nonminority workers. |
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Definition
That provision of the Civil Rights Act of 1866 that forbids racial discrimination in the making of contracts. |
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Definition
A plan giving priority to employees based on length of time an employee has worked for an employer. |
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Definition
Under Title 7, for an employer or workplace supervisor to promise benefits or threaten loss if an employee does not give sexual favors. |
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Term
Uniform Services Employment and Reemployment Rights Act |
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Definition
The act which protects the rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. |
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