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Chapter 20: Discrimination in Employment
LEGL 2700 Reed
18
Law
Undergraduate 2
05/03/2010

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Term
Affirmative Action
Definition
Positive steps taken in order to alleviate conditions resulting from past discrimination or from violations of a law.
Term
Bona Fide Occupational Qualification
Definition
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.
Term
Business Necessity Defense
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.
Term
Comparative Worth
Definition
Jobs that, although different, produce substantially equal value for the employer.
Term
Disability
Definition
Any physical or mental impairment that substantially limits a major life activity.
Term
Disparate Impact
Definition
A term of employment litigation that refers to the disproportionate impact of a policy neutral on its face on some protected class.
Term
Disparate Treatment
Definition
A term of employment litigation that refers to the disproportionate impact of a policy neutral on its face on some protected class.
Term
Disparate Treatment
Definition
A term of employment litigation that refers to the illegal discriminatory impact of a policy neutral on its face on some protected class.
Term
Genetic Information Nondiscrimination Act
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.
Term
Hostile Working Environment
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.
Term
Qualified Disabled
Definition
A disabled person who can perform the duties of a job.
Term
Reasonable Accommodation
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.
Term
Retaliation
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.
Term
Reverse Discrimination
Definition
The advancement and recruitment of minority workers ahead of similarly qualified nonminority workers.
Term
Section 1981
Definition
That provision of the Civil Rights Act of 1866 that forbids racial discrimination in the making of contracts.
Term
Seniority System
Definition
A plan giving priority to employees based on length of time an employee has worked for an employer.
Term
Sexual Harassment
Definition
Under Title 7, for an employer or workplace supervisor to promise benefits or threaten loss if an employee does not give sexual favors.
Term
Uniform Services Employment and Reemployment Rights Act
Definition
The act which protects the rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service.
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