Chapter 20: Discrimination in Employment

  1. Affirmative action
    Positive steps taken in order to alleviate conditions resulting from past discrimination or from violations of a law
  2. Bona fide occupational qualification (BQOQs)
    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
  3. Business necessity defense
    An affirmative defense under Title VII of the Civil Rights Act. It is raised to disparate impact claims and asserts that a facially neutral but discriminatory policy is job related
  4. Comparable worth
    Jobs that, although different, produce substantially equal value for the employer
  5. Disability
    Any physical or mental impairment that substantially limits a major life activity
  6. Disparate impact
    A term of employment litigation that refers to the disproportionate impact of a policy of neutral on its face on some protected class
  7. Disparate treatment
    A term of employment litigation that refers to theĀ illegal discriminatory treatment of an individual in some protected class
  8. Genetic Information Nondiscrimination Act (GINA)
    Prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information or a family member's genetic information
  9. Hostile work environment
    Under Title VII an environment where co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti
  10. Qualified disabled
    A disabled person who can perform the duties of a job
  11. Reasonable accommodation
    The actions that an employer must take under Title VII of the Civil Rights Act and under the ADA to adapt employment conditions to an employee's religious beliefs or disability
  12. Retaliation
    Striking back against someone for what they did to you. 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
  13. Reverse discrimination
    The advancement and recruitment of minority workers ahead of similarly quailified nonminiority workers
  14. Section 1981
    That provision of the Civil Rights Act of 1866 that forbids racial discrimination in making of contracts
  15. Seniority system
    A plan giving priority to employees based on the length of time an employee has worked for an employer. An employer may apply different standards pursuant to a good-faith seniority system if the differences are not the result of an intention to discriminate
  16. Sexual harassment
    Under Title VII, for an employer or workplace supervisor to promise benefits or threaten loss if an employee does not give sexual favors
Card Set
Chapter 20: Discrimination in Employment
Key Terms