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Discrimination
Discrimination is defined in civil rights law as unfavorable or unfair treatment of a person or class of persons in comparison with others who are not members of the protected class because of race, sex, color, religion, national origin, age, physical/mental disability, or reprisal for opposition to discriminatory practices or participation in the EEO process.
Affirmative Action Plans/Affirmative Employment Plan
Written plans for programs required by Executive Order 11478 and other laws and regulations. AAP's may contain studies, which show how the work force at the activity has been used, and may include goals and timetables for increasing the representation of women, minorities, and persons with disabilities in those areas where they have been underrepresented.
Age Discrimination
Age discrimination is present if an individual covered under this provision is treated unfavorably in the terms and conditions of his/her employment because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids discrimination based on age for those individuals who are 40 years of age or older.
Complaint
A complaint is a claim of illegal discrimination that is handled through an administrative procedure. A complaint may result when an employee believes he or she has been unfairly treated because of race, color, etc.
Disparate Treatment
Inconsistent application of rules and policies to an individual or one group of people over another. Discrimination may result when rules and policies are applied differently to members of protected classes. Disciplining Hispanic and Afro-American employees for tardiness, while ignoring tardiness among other employees, is an example of disparate treatment.
Underutilization
To use less than fully; below potential use. This term is often applied to categories of employees who are working at jobs that do not make full use of their skills and abilities, although they may have been hired for those skills and abilities. When an employee is consistently assigned to "dead end" jobs, he or she may be underutilized because they are often seen as able to perform only limited tasks.
Title VII of the Civil Rights Act of 1964
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amends several sections of Title VII. These amendments appear in boldface type. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading.
Disparate Impact
Under EEO law, less favorable effect for one group than for another. Disparate or adverse impact results when policies and practices applied to all employees or applicants have a different and more inhibiting effect on one group than they do on another.
Employment agency
Means any person regularly undertakingwith or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.
Discrimination against Persons with Disabilities
A person with a disability is defined as one who has a physical or mental impairment that substantially limits one or more of such person's major life activities, has a record of such impairment, or is regarded as having such an impairment.
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