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Accessibility
The extent to which a contractor’s or employer’s facility is readily
approachable and usable by individuals with disabilities, particularly such
areas as the personnel office, worksite, and public areas.Accommodation
See REASONABLE ACCOMMODATION
ADA
See AMERICAN WITH DISABILITIES ACT
ADEA
See AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967
Adverse Impact
Use of any selection procedure that affects hiring, promotion, transfer, training, or other membership or employment-related decisions for any race, sex, or ethnic group from which an inference can be made that the employment selection process is discriminatory.
Adverse Impact and the Four-Fifths Rule
A selection rate for any race, sex, or ethnic group which is less than four-fifths or 80 percent of the rate for the group with the highest rate generally is regarded as evidence of adverse impact.
Affected Class
In litigation, refers to a group of individuals who are the identified victims of a pattern or practice of discrimination.
More generally, refers to a group of people with a common characteristic (race, sex, age, disability, etc.) which, historically, has been denied equal employment opportunity in violation of civil rights laws and regulations.
Affirmative Action
Actions, policies, and procedures to which a contractor commits itself that are designed to achieve equal employment opportunity. Affirmative action requires: 1) thorough, systematic efforts to prevent discrimination from occurring or to detect and eliminate it as promptly as possible; and 2) recruitment and outreach measures.
Affirmative Action Program
A written program, meeting the requirements of 41 C.F.R. Part 60-2, or 41 C.F.R. 60-250.44 in which a contractor annually details the steps it will take and has already taken, to ensure equal employment opportunity.
EEOC’s guidelines require three elements for an affirmative action program: 1) a reasonable self-analysis – to determine if discriminatory practices currently are present or if prior discrimination is uncorrected; 2) a reasonable basis for concluding action is appropriate; and 3) reasonable action – the action taken must be reasonable in relation to the problems disclosed by the self-analysis.
Age Discrimination in Employment Act of 1967
Prohibits employers with 20 or more employees from discriminating against workers or job applicants who are 40 years of ago or older. The law also applies to labor organizations with 25 or more members; employment agencies; and federal, state, and local governments.
Alternate Dispute Resolution
Discussions, negotiations, and mediation used to resolve disputes in a fair and efficient manner without resorting to litigation or court proceedings.
American Indian or Alaskan Native
A person with origins in any of the original peoples of North America who maintains cultural identification through tribal affiliation or has community recognition as an American Indian or Alaskan Native.
Americans with Disabilities Act of 1990
Prohibits discrimination against individuals with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services. The employment provisions of ADA apply to employers engaged in commerce that have 15 or more employees.
Apprenticeship
A system of indenture or other agreement, written or implied, to train a person in a recognized trade or craft in accordance with specified standards.
Asian or Pacific Islander
A person with origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Republic, and Samoa; and, on the Indian subcontinent, includes India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim, and Bhutan.
Availability
The availability of minorities or women for a job group means the percentage of minorities or women among persons in the relevant labor area and/or internal feeder pools having the requisite qualifications to perform the positions included in the job group. The term is broad enough to include any factor that is in fact relevant to determining the availability of individuals for the jobs in the job group. Availability figures are used in determining whether to find underutilization, and, where a goal is established, in determining the level of the goal.
B
Back Pay
Compensation for past wage and benefit losses caused by an employer’s discriminatory employment practices or procedures. Examples of lost wages include overtime, incentive pay, raises, and bonuses. Except where a statute limits recovery, back pay generally accrues from the date the discrimination occurred until the discrimination has been remedied. Economic loss includes compensatory damages.
Bargaining Agreement
Also referred to as a collective bargaining agreement, labor-management agreement, or union contract. These terms refer to an agreement between an employer and a union establishing wages, hours, and other terms and conditions of employment for employees in the bargaining unit represented by the union.
“Because of Sex” or “On the Basis of Sex”
Includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.
BFOQ
See BONA-FIDE OCCUPATIONAL QUALIFICATION
Black
An individual, not of Hispanic origin, with origins in any of the black racial groups of Africa.
Bona-fide Occupational Qualification
A defense allowing an employer to limit a particular job to members of one sex, religion, or national origin group. The courts have held that the statutory BFOQ provision in Title VII of the 1964 Civil Rights Act is a very narrow exception to the general prohibition against discrimination on the basis of those characteristics. OFCCP follows Title VII principles regarding the BFOQ exception. AN employer claiming that sex is a BFOQ for a job must show that all or substantially all members of the excluded sex are incapable of performing the duties of the job and that failure to allow the exclusion would undermine the “essence” – the central purpose or mission - of the employer’s business. Race can never be considered a BOQ for a job.
Bumping Rights
Rights of an employee to displace another employee due to a layoff or other employment action as defined in a collective bargaining agreement or other binding agreement.
Business Necessity
A defense available when the employer has a criterion for selection that is facially neutral but which excludes members of one sex, race, national origin, or religious group at a substantially higher rate than members of other groups, thus creating adverse impact. The employer must prove that its requirement having the adverse impact is job-related and consistent with business necessity.
C
Civil Rights Act of 1991
Broadens and clarified existing civil rights laws, offering additional protection against employment discrimination.
Civil Rights Restoration Act of 1987
Requires the entire institution that is a recipient of federal funds to comply with civil rights laws, not merely the particular program or activity actually receiving the funds.
Color
A basis of EEO discrimination which refers to complexion or skin hue.
Comparative Evidence
Nonstatistical evidence that compares the treatment of individuals of one group with its treatment of similarly situated individuals of other groups.
Compliance Review
A comprehensive analysis and evaluation of a contractor’s policies and practices to determine if it is maintaining nondiscriminatory hiring and employment practices, taking affirmative action to ensure that applicants are employed, and that employees are placed, trained, upgraded, promoted, and otherwise treated during employment without regard to race, color, religion, sex, disability, or national origin.
Conciliation
Discussions between OFCCP and a contactor to resolve finding s of noncompliance or between EEOC and employers to reach an agreement to end a discriminatory practice and provide a remedy.
Conciliation Agreement
A binding written agreement between a contractor and OFCCP that details specific contractor commitments to resolve major or substantive violations of Ex4ecutive Order 11246, the Rehabilitation Act, or the Vietnam Era Veterans’ Readjustment Assistance Act.
Consent Decree
A court-approved voluntary agreement between the plaintiff and the defendant employer settling an employment discrimination lawsuit.
Constructive Discharge
An employee’s involuntary resignation resulting from the employer making working conditions for the employee so intolerable that a reasonable person would have felt compelled to resign. OFCCP will assert that an employee was constructively discharged in violation of Executive Order 11246, Section 503 of the Rehabilitation Act, or Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act where it finds that : 1) a reasonable person in the employee’s position would have found the working conditions intolerabl2; 2) the employer’s conduct which constituted the violation against the employee created the intolerable working conditions; and 3) the employee’s involuntary resignation resulted from the intolerable working conditions.
Continuing Violation
A violation based on one of three distinct fact situations: 1) a series of individual discriminatory acts that are related, at least one of which must have occurred within two years prior to the notice of a compliance review, or 180 days before the filing of a complaint of employment discrimination; 2) systemic discrimination where the employer has maintained a policy or practice which discriminates against a class of individuals; or 3) present effects of past discrimination – where an individual or a class is suffering the residual effects of discriminatory conduct that occurred prior to the limitation period but was not the subject of a timely charge. (In recent years, OFCCP has not applied the present effects of past discrimination theory.)
D
Dictionary of Occupational Titles
A publication of the Department of Labor’s Employment and Training Administration that classifies more than 12,000 occupations based on their duties and commonly required qualification.
Disability Discrimination
An employer may not discriminate against a qualified individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Disparate Impact
A theory or category of employment discrimination. Disparate impact discrimination can be found when a contractor’s or employer’s use of a facially neutral selection standard – such as a test, an interview, or a degree requirement – disqualifies members of a particular race or gender group at a significantly higher rate than others and is not justified by business necessity or job-relatedness. An intent to discriminate is not necessary to this type of employment discrimination. The disparate impact theory can be used to analyze both objective and subjective selection standards.
Disparate Treatment
Disparate treatment discrimination can be found when a contractor or employer treats an individual or group differently because of race, color, religion, sex, national origin, disability, or veteran status. Intent to discriminate is a necessary element in this type of employment discrimination, and can be shown by direct evidence or inferentially by statistical, anecdotal, and/or comparative evidence.
E
Equal Employment Opportunity
The improvement of the economic and social conditions of minorities and women by providing equality of opportunity in the workplace. Equal employment opportunity prohibits restrictions, exclusions, discrimination, segregation, and inferior treatment of minorities and women.
Equal Employment Opportunity Commission
Receives, processes, and investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, the Equal Pay Act of 1963, and the Age Discrimination in Employment Act of 1967. If the commission determines that there is reasonable cause to believe that the law has been violated, it first tries to obtain remedies for the affected individuals through conciliation and can bring suit in federal district court if conciliation efforts fail.
Equal Pay Act of 1963
Forbids employers from paying different wages to men and women who are performing equal work. Generally, the work for two employees is considered equal when both jobs require equal skill, effort, and responsibility, and are performed under similar working conditions. EPA also applies to labor unions.
Essential Functions
Duties so necessary to a position that a person cannot perform the job without them; position exists specifically to perform the job function; or person must be hired specifically on basis of ability to perform specialized duties.
Ethnic Group
See NATIONAL ORIGIN
Executive Order 11246
Prohibits federal contractors and subcontractors from discriminating against employers on the basis of race, sex, religion, color, or national origin. It requires contractors to implement affirmative action plans to increase minority and female participation in the workplace.
Expert Witness
A person such as a doctor or a statistician selected by the court or a party on account of his/her knowledge or skill, to examine, estimate, and ascertain facts and testify as to his/her findings and opinions.
F
Facially Neutral Selection Standard Criteria
A criterion/process is facially neutral if it does not make any reference to a prohibited factor and is applicable to everyone equally regardless of race, gender, or ethnicity; that is, it is not discriminatory on its face.
Fair Employment Practices
The absence of discrimination in hiring, promotion, discharge, and other conditions of employment on the basis of race, color, religion, sex, age, national origin, disability, or citizenship status.
Family and Medical Leave Act
Administered by the Wage and Hour Division of the Department of Labor, the law requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.
Formal Training
A structured program to develop an individual’s job-related skills and abilities. Typically, includes classroom training as well as on-the-job training.
Four-Fifths Rule
See ADVERSE IMPACT AND THE FOUR-FIFTHS RULE
Fringe Benefits
Compensation for employment other than wages or salary, including, for example, annual and sick leave; medical, hospital, life and accident insurance; life insurance; retirement benefits; profit sharing; and bonus plans.
Front Pay
Compensation for estimated future economic loss; generally calculated based on the difference between the discrimination victim’s current pay – or for a rejected applicant, the pay he/she should have received – and the pay associated with his/her rightful place. Front pay runs from the time of the settlement, hearing, or administrative or court order to a certain time in the future set by the settlement, hearing, or administrative or court order – usually when the victim attains his/her rightful place.
G
Gender Identity and Expression
"Gender
identity and expression" is defined as "a person’s sense of his/her own
masculine and/or feminine identity". Gender identity and expression is to be
determined by each individual regardless of that person's assigned gender at
birth and is to be respectfully accepted by others in the work place. While not
all inclusive, transgender or gender-variant individuals are examples of
individuals protected under the "non-discrimination on the basis of gender
identity and expression" category. Gender non-conformity (i.e., to traditional
notions of gender assignment) cannot be a basis for discrimination and all
provisions protecting persons with a disability or perceived as a having a
disability apply to gender identity issues.
Discussion on Gender
Goals
Once a job group has been identified as underutilized for minorities and/or women, the contractor must establish employment goals for each such job group that are designed to completely correct the underutilization. The contractor also must exert good faith efforts toward meeting the goals. Goals for minorities and women must be established separately. Where appropriate, separate goals also can be required by a particular minority group(s) or by sex within a particular minority group. Goals under Executive Order 11246 are of two types: percentage placement goals and goals by organizational units.
Good-Faith Efforts
Comprised of two main components: 1) outreach and recruitment measures to broaden candidate pools from which selection decisions are made to include minorities and women; and 2) systemic efforts to ensure that selections thereafter are made without regard to race, sex, or other prohibited factors. During an OFCCP compliance review, the contractor’s good-faith efforts to implement its affirmative action plan are evaluated where goals have been established but not attained. Good-faith efforts are assessed by the quality and thoroughness of the contractor’s work to implement its program and assure equal opportunity.
H
Handicapped Individual
See INDIVIDUAL WITH A DISABILITY
Hispanic
A person of Mexican, Puerto Rican, Cuban, Central of South American, or other Spanish culture or origin, regardless of race. This does not include persons of Portuguese descent or persons from Central or South America who are not of Spanish origin or culture.
I
Immigration Reform and Control Act (IRCA)
Prohibits employment of unauthorized aliens, civil and criminal penalties for such violation, and prohibits discrimination in employment based on national origin or citizenship status.
Impact Ratio Analysis
A comparison of the selection rates of different groups from an identified candidate pool. If the selection rate for one group is less than 80 percent of that for another, the Impact Ratio Analysis is considered adverse.
Individual With a Disability
Under 41 C.F.R. 60-741.2, is defined as any person who:
a) Has a physical or mental impairment which substantially limits one of more of such a person’s major life activities;
b) Has a record of such an impairment; or
c) Is regarded as having such an impairment.
This definition does not include: an individual currently engaging in the illegal use of drugs, when the contractor acts on the basis of such use; an individual who is an alcoholic whose current abuse of alcohol prevents such individual from performing the duties of the job in question, or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to the property or safety of others. The term “individual with handicaps” is used interchangeably with “individual with a disability” and “handicapped individual.”
Injunctive Relief
A court order requiring a person to perform, or to refrain from performing, a designated act. For example, in an enforcement action OFCCP might seek the injunctive relief of requiring that the contractor cease asking discriminatory questions on its job application.
Internal Review Procedure
By regulation, OFCCP allows contractors 60 days to attempt to resolve internally a complaint of employment discrimination made by an employee who is an individual with a disability, a special disabled veteran, or a veteran of the Vietnam era.
Investigation
Upon receipt of a charge of employment discrimination filed by an employee or rejected job applicant, EEOC must begin an investigation to determine whether there is reasonable cause to believe discrimination has occurred. During an investigation, EEOC has the right to inspect the employer’s workplace, obtain documentary evidence, summon witnesses, and take testimony through the use of subpoena power. The investigation is to be completed, so far as practicable, within 120 days from the time the charge is filed.
Invitation to Self Identify
An invitation by the contractor, extended to employees and applicants for employment, to identify themselves as individuals with disabilities, as special disabled veterans, or as Vietnam era veterans for purposes of Section 503 of the Rehabilitation Act, or Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act, in order to permit the contractor to make reasonable accommodation and take affirmative action on their behalf. All information obtained in response to such an invitation shall be kept confidential in accordance with 41 C.F.R. 60-741.42(b) or 60-250.4
2(e).7
J
Job Categories
The nine designated categories of the EEO-1 Report: officials and managers, professionals, technicians, sales workers, office and clerical, craft workers (skilled), operatives (semi-skilled), laborers (unskilled), and service workers.
Job description
A written statement detailing the duties of a particular job title.
Job Group
One or a group of jobs having similar content, wage rates, and opportunities, as specified in 41 C.F.R. 60-2.12(b).
Job-Related
The knowledge, skills, abilities, and experience necessary to perform a particular job. Tests are job-related if they test whether an applicant or employee can perform the job in question. A rule or practice is job-related if it is necessary for the safe and efficient performance of a particular job.
Job Specification
The minimum qualification(s) the contractor identifies as necessary to perform a job.
L
Labor Area
Geographic area used in calculating availability. The area can vary from local to nationwide.
Labor Force
The total of all people in the civilian labor force and the armed forces.
Line of Progression
A series of related jobs in a promotional sequence generally starting with less difficult, lower paying jobs and progressing to more difficult, higher paying jobs. Often, the lower jobs provide required training for movement to the higher level jobs.
M
Major Life Activities
For purposes of Section 503 of the Rehabilitation Act and ADA, functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Make-Whole Relief
Remedies for discrimination that restore the victim of discrimination to his or her rightful place – that is, the position, both economically and in terms of employment status that he/she would have occupied had the discrimination never taken place. Common elements of make-whole relief include an award of the position the individual was wrongfully denied, back pay with interest, and retroactive seniority.
Mandatory Enforcement Clause
Enforcement proceedings for violation of an agreement may be initiated at any time after a 15-day period has elapsed (or sooner, if irreparable injury is alleged) without issuing a Show Cause Notice.
Maternity Leave
Childbirth-related absence from work by a woman that does not directly depend on her medical condition. The term includes leave for non-disability-related care and nurturing following the birth of a child.
Mediation
The process of bringing together two parties having disagreements or differences of opinion, by an impartial third party – a mediator – with the goals of having the parties reach a mutually acceptable agreement.
Minorities
Men and women of those minority groups for whom EEO-1 reporting is required; that is, Black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native. The term may refer to these groups in the aggregate or to an individual group.
Monetary Relief
Depending on the provisions of the statute involved, such relief can include some or all of the following: back pay, front pay, compensatory and punitive damages, and attorney’s fees.
Multiple Regression Analysis
A multiple regression analysis considers the impact on salary of many different variables, including education, experience and performance. This analysis can be used to determine whether race, gender, or any protected class category is the cause of salary differentials and is typically used to detect a pattern or practice of discrimination.
N
National Affirmative Action Program
EEOC’s Office of Federal Operations (OFO) manages the national affirmative action program, which advises federal agencies and reviews their programs.
National Origin
The country – including those that no longer exist – of one’s birth or of one’s ancestors’ birth. “National origin” and “ethnicity” often are used interchangeably, although “ethnic group” can refer to religion or color, as well as country of one’s ancestry.
National Origin Harassment
Ethnic slurs and other verbal or physical conduct relating to an individual’s national origin, when the conduct creates a hostile, intimidating, or offensive working environment; unreasonably interferes with an individual’s work performance; or otherwise adversely affects a person’s employment opportunities.
Nondiscrimination Clause
Refers to Parts II and III of Executive Order 11246, which requires that contractors and subcontractors agree that they will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, or national origin. The nondiscrimination clause further requires that contractors and subcontractors take affirmative action in all employment-related matters, including: upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
O
On-The-Job Training
An employer-sanctioned training program, usually at the employer’s worksite, conducted either under close supervision or with assistance, and designed to teach and qualify an individual to perform a job or element(s) of a job.
P
Pacific Islander
See ASIAN OR PACIFIC ISLANDER
Pattern or Practice of Discrimination
Employer actions constituting a pattern of conduct resulting in discriminatory treatment toward the members of a class. Pattern of practice discrimination generally is demonstrated in large measure through statistical evidence, and can be proven under either the disparate treatment or disparate impact model.
Physical and Mental Job Qualification Requirements
Physical and mental standards that an employer requires a person performing or applying for a job to meet.
Placement
The selection or assignment of individuals in a particular job.
Pregnancy-Disability Leave
Pregnancy and childbirth-related absence from work by a woman affected by pregnancy, childbirth, or related medical conditions. It includes leave prior to childbirth when medically indicated and leave to recover from pregnancy, childbirth, or related medical conditions following the birth of a child.
Prima Facie Case
A legal term that refers to a case sufficient on its face to prevail in the absence of contradictory evidence. In EEO cases, complainants present evidence and arguments to support a claim of discrimination. If those arguments cannot be rebutted with additional evidence, the claim will be supported by the court without further argument. Thus, a prima Facie case is established. In the EEO area, statistics of underutilization have been sufficient to make a prima facie case for discrimination.
Prohibited Factor
A factor prohibited by law from being used in making employment decisions. Under Executive Order 11246, the prohibited factors are race, color, religion, sex, and national origin; under Section 503 of the Rehabilitation Act, the prohibited factor is disability; under Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act, it is status as a special disabled or Vietnam-era veteran.
Proof of Discrimination
The factual formulations which show that discrimination under a particular theory exists. These formulations describe the kinds of facts needed to show a nexus between a particular adverse action or result and a particular prohibited factor. Proof requires evidence.
Protected Class
A group protected from employment discrimination by law. These groups include men and women on the basis of sex; any group that shares a common race, religion, color, or national origin; people over age 40; and people with physical or mental disabilities.
R
Reasonable Accommodation
Involves making adjustments or modifications in work, job application process, work environment, job structure, equipment, employment practices, or the way that job duties are performed so that an individual can perform the essential functions of the job.
Reasonable Cause Determination
A determination by EEOC after an investigation of a charge of employment discrimination as to whether cause does or does not exist to believe discrimination has taken place.
Reasonable Recruitment Area
The area from which the contractor usually seeks or reasonably could seek workers for a particular job group.
Regarded as Having a Disability
Refers to an individual who may or may not have a physical or mental impairment that does not substantially limit major life activities, but who is treated as if he or she does.
Rehabilitation Act of 1973
Prohibits discrimination against employees with
 disabilities by federal contractors and subcontractors. The act requires – depending on the value of the contract – that such contractors take affirmative action to employ and promote qualified individuals with disabilities and to prepare and maintain written affirmative action plans.
Rehire
To reengage a formerly employed worker after a complete break in employment status.
Religion or National Origin Discrimination Guidelines
These OFCCP guidelines, which can be found at 41 C.F.R. Part 60-50, offer guidance to covered federal contractors and subcontractors for promoting equal employment opportunities for applicants and employees without regard to their religion or national origin.
Religious Accommodation
Requirement of a contractor to reasonably accommodate all aspects of religious observance and practice, as well as belief of an employee or prospective employee unless he employer can demonstrate that it is unable to do so without undue hardship on the conduct of its business, as specified in 41 C.F. R. 60-50.3. Anything requiring more than a de minimis cost has been held by the Supreme Court to constitute “undue hardship” in this context.
Requisite Skills
Those basic skills needed to perform a job satisfactorily.
Retaliation
Any adverse job action taken by an employer as a direct result of an employee’s opposition to illegal employment practices, including, but not limited to, termination, demotion, suspension, loss of normal work assignments, and adverse comments to prospective employers.
Right of Response
The contractor’s right to produce a legitimate, nondiscriminatory reason for its actions once OFCCP has made a prima facie showing of discrimination.
Rightful Place
The job, seniority level (if applicable), salary level, or other gain that a victim of discrimination would hold had there been non discrimination.
S
Section 503
Section 503 of the Rehabilitation Act requires federal contractors and subcontractors to take affirmative action to employ and promote qualified people with disabilities. This provision generally applies to all contractors and subcontractors with federal contracts in excess of $10,000. Contractors with 50 or more employees and contracts worth $50,000 or more are required to prepare and maintain a written affirmative action plan.
Selection Procedures
Any measure, combination of measures, or procedure used as a basis for any employment decision, including, but not limited to: informal or casual interviews; unscored application forms; paper and pencil tests; performance tests; training programs; probationary periods; and physical, educational, and work experience requirements.
Selection Rate
The proportion of applicants or candidates who are hired, promoted, or otherwise selected.
Seniority
Length of employment as defined by the employer or applicable collective bargaining agreement. Seniority can be both competitive and non-competitive, and can be defined in terms of company seniority, facility seniority, departmental seniority, or other category. Employees can have different seniority for different purposes – for example, job bidding rights governed by department seniority and leave accrual governed by company seniority.
Sex Discrimination
OFCCP’s sex discrimination guidelines at 41 C.F.R. Part 60-20 provide specific guidance to employers with respect to the treatment of female applicants and employees. They address: 1) recruitment and advertisement; 2) job policies and procedures; 3) seniority systems; and 40 discriminatory wages.
Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Such actions violate Title VII of the 1964 Civil Rights Act when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting an individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating; hostile, or offensive working environment. Items and 2 also can be categorized as “quid pro quo” harassment and item 3 as “hostile environment” harassment.
Special Disabled Veteran
A veteran who a) Is entitled to compensation (or who, but for the receipt of military retirement pay, would be entitled to compensation) under laws administered by the Department of Veteran Affairs for a disability that is i) rated at 30 percent or more, or ii) rated at 10 or 20 percent in the case of a veteran who has been determined under Section 1506 of the Veterans’ Rehabilitation and Education Act Amendments of 1980 to have a serious employment handicap; or b) Was discharged or released from active duty because of a service-connected disability.
Standard Affirmative Action Format
Under 41 C.F.R 60-1.20(e), contractors may reach agreement with OFCCP on a standardized AAP format that would be used by the contractor in all establishments. A contractor that has a SAF agreement must develop a writ AAP for each establishment, but each AAP component, such as job groups, availability analyses, and goal establishment, would use the same AAP format.
Standard Deviation
A statistical measure used to describe the probability that differences between similarly situated groups – such as in selection rates, wages – occurred by chance.
Statistical Evidence
Evidence that explains or analyzes the meaning of numerical differences in selection rates, wages, or other employment decisions between members of one group and others who were similarly situated. Statistical evidence also can be used to show which factors did or did not affect selection decisions, wages, or other employment decisions.
Subcontract
Any agreement or arrangement between a contractor and any person – in which the parties do not stand in the relationship of an employer and an employee – a) For the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is necessary to the performance of any one of more government contracts; or b)Under which any portion of the contractor’s obligation under one or more government contracts is performed, undertaken, or assumed.
Subcontractor
Any person holding a subcontract, or for enforcement purposes any person who has held a subcontract, subject to Executive Order 11246, Section 503 of the Rehabilitation Act, or Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act.
Subjective Criteria/Procedures
Employment qualifications, selection standards, or processes that require judgment in their application, such that different persons applying such criteria/procedures would not necessarily reach the same conclusion. A criterion is subjective if it is not fixed or measurable.
Substantially Limits
In the application of Section 503 of the Rehabilitation Act, this mean to affect significantly an individual’s ability to perform a major life activity, or to restrict significantly an individual as to the condition, manner, or duration under which such individual can perform a part
icular major life activity. The following factors should be considered in determining whether an individual is substantially limited in a major life activity:
a) The Nature and severity of the impairment;
b) The duration or expected duration of the impairment; and
c) The permanent or long-term impact, or the expected permanent or long-term impact of or resulting from the impairment.
Support Data
Statistical data, documentation, and other materials regarding employment practices, generally used in the development, support and/or justification of an affirmative action program.
Systemic Discrimination
Employment policies or practices that serve to differentiate or to perpetuate a differentiation in terms or conditions of employment of applicants or employees because of their status as members of a particular group. Such policies or practices may or may not be facially neutral, and intent to discriminate may or may not be involved. Systemic discrimination, sometimes called class discrimination or a pattern or practice of discrimination, concerns a recurring practice or continuing policy rather than an isolated act of discrimination.
T
Terms and Conditions of Employment
All aspects of the employment relationships between an empoy4ee and his or her employer including, but not limited to, compensation, fringe benefits, leave policies, job placement, physical environment, work-related rules, work assignments, training and education, opportunities to serve on committees and decision-making bodies, opportunities for promotion, and maintenance of a nondiscriminatory working environment.
Timeliness
The amount of time allowed to file a charge alleging an act of employment discrimination. In most cases, the countdown begins when the employee actually learns that the employer has acted or intends to act. For a Title VII violation, an employee generally must file a charge within 180 days of the discriminatory act.
Title VII
Refers to Title VII of the Civil Rights Act of 1964, which prohibits employers, employment agencies, and labor organizations from discriminating on the basis of race, color, religion, sex, and national origin.
Transfer
Movement, usually lateral, from one position or function to another.
Two-plus
Race category identification that denotes ancestry in two or more racial categories.
U
Underutilization
An affirmative action plan must contain a multi-step analysis to identify whether minorities or women are being employed at a rate that would be expected based upon their availability for employment/ This analysis is focused on contractor-defined “job groups,” which consist of one or a group of jobs that are similar in content, wage rates, and opportunities. The contractor utilizes census and other available demographic data to conduct an analysis to calculate the number of qualified women and minorities that should be available in the labor market to work in each job group. The contractor then compares the number of minorities and women it actually employs in each job group against the calculated “availability” for that group to determine whether minorities and women are being employed at a rate reasonably expected given their availability to work in those jobs. If women and minorities are employed at a rate lower than reasonably would be expected given their availability to work in those jobs, the contractor determines that “underutilization” exists. Underutilization means that the representation of minorities or women in a specific job group is less than reasonably would be expected given the availability of candidates. If these analyses show underutilization in certain job groups, the contractor must analyze its policies, practices, and procedures to determine possible causes, and take corrective action that is designed to overcome the underutilization. Term is used interchangeably with “underrepresentation.”
Undue Hardship
In general, with respect to the provision of a reasonable accommodation, significant difficulty or expense incurred by a contractor or employer. Whether an accommodation is reasonable is decided on a case-by-case basis.
Unemployed
Under the criteria established by the Bureau of the Census of the U.S. Department of Commerce, civilians 16 years old and over who:
a) Were neither “at work” nor “with a job” during the reference week;
b) Were looking for work during the last four weeks; and
c) Were available to accept a job.
Also included as unemployed are persons who did not work at all during the reference week and were waiting to be called back to a job from which they had been laid off.
Uniform Guidelines on Employee Selection Procedures
Codified at 41 C.F.R. Part 60-3, the procedures provide employers, labor organizations, and employment agencies with steps to follow to ensure that their selection practices are not discriminatory, as well as detailed guidance in what enforcement agencies will consider when determining whether employee selection criteria violate federal civil rights laws. The selection procedures covered include those used in making decisions hiring, retention, promotion, transfer, demotion, dismissal, or referral.
Uniformed Services Employment and Reemployment Rights Act
USERRA provides that certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered services. This includes those called up from the reserves or National Guard. These rights are administered by the Veterans’ Employment and Training Service.
Uniformly Applied
Applying employment criteria/processes in the same manner to members of a particular race, color, religion, sex or national origin group, and others.
Union Shop
A factory, business, or other establishment operating under a contract between the employer and a labor union that requires that all employees within the bargaining unit pay uniform periodic dues to the union, beginning within a specific period after hire.
Universal Agreement to Mediate
Local, regional, or national confidential agreement between EEOC and an employer to mediate all eligible charges filed against the employer prior to agency investigation or litigation.
Utilization Analysis
An analysis of all major job groups at a facility, using information from the workforce analysis, to determine if minorities and women are being underutilized – that is, fewer minorities or women in a particular job group than would reasonably be expected by their availability.
V
Validation
To establish that an employment test with an adverse impact ton a protected group is job related, it must be validated – that is, a relationship must be established between the test and performance on the job.
Veterans’ Preference
Veterans and other eligible person have special employment rights with the federal government. They are provided preference in initial hiring and protection in reductions in force. Claims of violation of these rights are investigated by Veterans Employment and Training Service.
Vietnam Era Veteran
A veteran of the armed forces of the United States,
any part of whose service was during the period August 5, 1964, through May 7, 1975, who 1) served on active duty for a period of more than 180 days and was discharged or released with other than a dishonorable discharge, or 2) was discharged or released from active duty because of a service-connected disability. Also includes any veteran who served in the Republic of Vietnam between February 28, 1961, and May 7, 1975.
Vietnam Era Veterans’ Readjustment Assistance Act of 1974
The law, codified at 38 U.S.C. 4212, requires federal contractors and subcontractors with contracts valued at $25,000 or mote to include a clause that the contractor will not discriminate against special disabled veterans, Vietnam-era veterans, and veterans who served on active duty during a way or in a campaign or expedition for which a campaign badge has been authorized and will take affirmative action in hiring and promoting such veterans. Contractors and subcontractors with 50 or more employees and federal contracts valued at $50,000 or more are required to prepare and maintain an affirmative action plan at each establishment.
The Jobs for Veterans Act (pub. L. 107-288) raised the reporting threshold from $25,000 to $100,000 for contracts awarded on or after December 1, 2003, and modified the report categories of veterans. Additionally, JVA requires federal contractors and subcontractors to report the total number of all current employees in each job category and at each hiring location.
W
Workforce Analysis
A comprehensive inventory of all permanent full time employees at a point in time by race/sex, job classes and occupational category.
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