 | Term | Definition |
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National origin discrimination protection |
It is unlawful for an emloyer to limit, segregate, or classify employees in any way on the basis of national origin that would deprive them of the privileges, benefits, or opportunities of employment. |
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national origin |
Individual's or her or his ancestor's place of origin (as opposed to citizenship), or physical, cultural, or linguistic characteristics of an origin group. |
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negligence |
Failure to meet the appropriate standard of care for avoiding unreasonable risk of harm to others. |
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no reasonable cause |
EEOC finding that no reasonable basis for illegal discriminatioin exists. |
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no-fault |
LIability for injury imposed regardless of who was at fault. |
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no-strike, no-lockout clause |
Clause in a collective bargaining agreement that labor and management agree that labor will not strike and management will not stage a lockout. |
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organizational profile |
staffing patterns showing organizational units, relationshiop to each other, and gender, race, and ethinic composition. Generally for affirmative action plan puposes. |
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performance appraisal |
Periodic assessment of an employee's performance, usually completed by her or his immediate supervisor and reviewed, at times, by others in the workplace. |
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permissive subjects of bargaining |
Nonmandatory subjects that can be negotiated between labor and management but are not required to be. |
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picketing |
The carrying of signs, which tell of an unfair labor practive or strike, by union memebrs in front of the employer's business. |
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placement goal |
Percentage of women and/or minorities to be hired to correct underrepresentation, based on availability in the geographic area under and affirmative action plan. |
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plaintiff |
One who brings a civil action. |
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polygraph |
A device that measures biological reactions to individuals when questioned to determine if they are telling the truth; lie detector. |
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preemployment testing |
Testing that takes place before hiring, or sometimes after hiring but before employment, in connection with such qualities as integrity, honesty, drug and alcohol use, HIV, or other characteristics. |
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prima facie case |
Alleging facts that fit each requirement of a cause of action. |
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private sector |
Companies that are not owned or managed by the government or one of its agencies. |
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public policy |
A legal concent intended to ensure that no individual lawfully do that which has a tendency to be injurious to the public or against the public good. |
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public sector |
That segment of the workforce represented by governmental employers and governmental agency employers. In some situations, this term may include federal contractors. |
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punitive damages |
Money damages over and above compensatory damages, designed to punish flagrant wrongdoers and to deter them and others from engaging in similar conduct in the future. |
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qualified for the position |
Able to meet the employer's legitimate job requirements. |
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quid pro quo sexual harassment |
Sexual harassment in which the harasser requests sexual activity from the harassee in exchange for workplace benefits. |
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reasonable accommodation |
An accommodation to the individual's disability that does not place an undue burden on the employer, as determined by size of the employer, cost to the employer, and impact of the accommodation onthe employer's operations. |
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reasonable cause |
EEOC finding that basis for illegal discrimination exists. |
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reasonable person standard |
Viewing the harassing activity from the perspective of a reasionable person in society at large (generally tends to be the male view) |
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reasonable victim standard |
Viewing the harassing activity from the perspective of a reasonable person experiencing the harassing activity. |
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recklessness |
Conscious disregard for safety; conscious failure to use due care. |
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recordkeeping and reporting requirements |
Title VII requires that certain documents must be maintained and periodically reported to the EEOC. |
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respondent or responding party |
Person to whom an EEOC claim is directed, usually the employer. |
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retroactive seniority |
Seniority that dates back to the time the claimant was treated illegally. |
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reverse discrimination |
Lawsuit or claim brought by majority member who feels adversely affected by the use of an affimative action plan. |
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right-to-sue letter |
Letter given by EEOC to claimants, permitting them to pursue their claim in court. |
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right-to-work laws |
Permits employees to choose not be become a part of the union. |
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screening device |
Factor used to weed out applicants from the pool of candidates. |
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search |
A physical invasion of a person's space, belongings, or body by someone (unsually in authority) looking for something. |
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secondary boycott |
work stoppage by employees who are not directly involved in the labor dispute. Done to show union solidarity. |
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section 503 of the Rehabilitation Act |
requires affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers. |
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severe and pervasive activity |
Harassing activity that is more than an occasional act or is so serious that it is the basis for liability. |
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shop steward |
Union member chosen as intermediary between the union and employees. |
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substantially limits |
"unable to perform a major life activity that the average person in the general population can perform; or significantly restricted as to the condition, manner, or duraction under which an individual can perform a major life activity." from the EEOC's ADA regulations.) |
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tort |
Private (civil) wrong against a person or her or his property. |
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transsexual/transgender |
Someone who undergoes an operation to change from one gender to another. |
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under color of state law |
Government employee is illegally discriminating against another during performance of his or her duties. |
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underrepresentation or underutilitzation |
Significantly fewer minorities or women in the workplace thatn relevant statistics indicate are available. |
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undue hardship |
Burden imposed on an employer, by accommodating an employee's religious conflict or disability, that would be too over |
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union shop |
Union and management agree that employees must be a member of the union. |
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union shop clause |
Provision in a collective bargaining agreement allowing a union shop. |
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validation |
Evidence that shows a test evaluates what is says it evaluates. |
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valuing diversity |
Learning to accept and appreciate those who are different from the majority and value their contributions to the workplace rather than view them as a negative. |
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vesting |
Acquiring a right or an interest that is irrevocable by the donor. |
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vicarious liability |
The imposition of liability on one party for the wrongs of another. Liability may extend from an employee to the employer on this basis if the employee is acting within the scope of her or his employement at the time the liability arose. |
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waiver |
The intentional relinquishment of a known right. |
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waiver |
The intentional relinquishment of a known right. |
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wildcat strike |
strike not sanctioned by the union. |
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yellow dog contract |
Agreement employer requires employee to sign stating employee does not belong to a union and will not join one. Now illegal. |
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