EQUAL EMPLOYMENT OPPORTUNITY
 COMMISSION TERMINOLOGY

1. Adverse Effect

Any action, policy, or procedure which has the effect of different treatment among or between employees on the basis of race, creed, color, national origin, ancestry, age, sex, marital status, religion, and/or disability.

2. Affirmative Action

Positive actions initiated by an employer to ensure equal employment opportunities exist for minorities, women, and the disabled.  Positive action generally is directed toward two major areas: (a) Affirmative Action to identify and remove artificial barriers which may be built into personnel policies and procedures, and (b) Recruitment activities designed to ensure minorities, women and the handicapped are aware of employment opportunities and become part of the applicant pool.

3. Bonafide

Made, done, presented in good faith.  Free of deception or fraud.

4. Burden of Proof

The duty of substantiating an allegation or issue.

5. Complainant

A person/group/company that makes a complaint.

6. Discrimination

A difference in treatment or favoring on a basis other than individual merit.

7. Equal Employment Opportunity Commission (EEOC)

A five-member Commission appointed by the President consisting of a Chairperson, Vice Chairperson and three (3) Commissioners.  The Commission is directed by Title VII of the Civil Rights Act to attempt to obtain voluntary compliance with the Act's requirements through conciliation.

The EEOC has the authority to promulgate procedural rules and regulations.  EEOC's guidelines on substantive issues covered by Title VII do not have the force of law.  It should be noted, however, that the interpretation of law in the guidelines issued by the EEOC are often accorded weight by the courts.

8. Equal Employment Opportunity

The right of all persons to apply and to be evaluated for job opportunities without regard for their race, color, sex, national origin, religion, age, and mental or physical handicaps, etc. The purpose of Affirmative Action is to achieve Equal Employment Opportunity.

9. Goals

A realistic objective which an agency endeavors to achieve on a timely basis within the context of the merit system of employment.  A goal is not a quota.  A quota would restrict employment or development opportunities to members of a particular group.

10. Handicap

The Rehabilitation Act of 1973 defines a handicapped individual as any person with any physical or mental impairment which substantially limits one or more major life activities.  Any person having a record of impairment, or who is regarded as having such an impairment, may also be considered handicapped.  A person may be considered to be "substantially limited" when she/he experiences difficulty in securing, retaining, or advancing in employment because of a handicap.

11. Protected Classes

Any group (or member of that group) that is protected by anti-discrimination laws.  Individuals are protected by law from discrimination on the basis of, but not limited to, race, color, sex, national origin, religion, marital status, age, and handicap.

12. Quota

An inflexible ceiling on the level of employment of a particular group which accords with an established proportional numerical value.

13. Race/Ethnic Categories

Race/Ethnic Categories, as established by the EEOC:

White (Not of Hispanic Origin) -- Persons having origins in any of the original  peoples of Europe, North Africa, or the Middle East.

Black (Not of Hispanic Origin) -- Persons having origins in any of the Black racial groups of Africa.

Hispanic -- Persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.  The category "HISPANIC," while not a race identification, is included as a separate race/ethnic category because of the employment discrimination often encountered by this group for this reason do not include "HISPANIC" under either "white" or "black."

Asian or Pacific Islander -- Persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa.

American Indian or Alaskan Native -- Persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community.

14. Respondent

The alleged perpetrator of discrimination or harassment.

15. Sexual Harassment

Harassment on the basis of sex is a violation of Section 703 of Title VII. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when (a) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; (b) submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual; or (c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive environment.

16. Target

(see complainant).