Western Kentucky University

Glossary

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Ability

A present competence to perform an observable behavior or a behavior which results in an observable product.

 

Accessibility

A handicapped individual's ability to approach, enter, and use an employer's facilities such as reception areas, employment offices, and the actual job site. Referred to in Section 503 of the Handicapped Regulations.

 

Adverse Impact

The selection of protected-class members at a rate lower than that of other groups. A selection rate for any race, sex, or ethnic group which is less than four-fifths (4/5 or 80%) of the rate for the group with the highest rate will generally be regarded by the enforcement agencies as evidence of adverse impact.

 

Affected Class

Employees, former employees, or applicants who have been denied employment opportunities or benefits of discriminatory practices and/or policies of the employer. Evidence of the existence of an affected class require identification of the discriminatory practices, identification of the effects of the discrimination, and identification of those suffering from the effects of the discrimination.

 

Affirmative Action

Those result-oriented actions which a contractor, by virtue of its contracts, must take to ensure equal employment opportunity. It may include goals to correct underutilization, relief such as back pay, or correction of problem areas. In the area of employment law it refers to concrete steps in hiring or recruitment, transfer, and promotion, or training designed to eliminate the present effects of past discrimination.

 

Affirmative Action Clauses

Under the regulations for handicapped individuals, disabled veterans, and Vietnam era veterans, affirmative action clauses detail the affirmative action requirements for these protected class members. The clause is required on all contracts of $10,000 to $50,000. Employers with contracts of over $50,000 must also develop affirmative action plans.

 

Affirmative Action Plan (AAP)

The written plan incorporating a set of specific and results-oriented procedures to which the employer (government contractor) commits itself to apply every good-faith effort to achieve. It is intended to eliminate and remedy past discrimination against or underutilization of minorities and women.

 

Affirmative Recruitment

If the utilization analysis shows underutilization of women or minorities in certain job groups, then special recruitment efforts must be mounted to make certain that these protected-class members are well represented in applicant pools for positions which have been historically underutilized. It may include special overt or outreach recruitment efforts at job fairs, special advertising campaigns in minority and women's media, special contacts to organizations which promote placement of minorities and women, etc.

 

African American

An American of African and especially of black African descent.

 

Age Discrimination in Employment Act (ADEA)

A federal law prohibiting age discrimination by employers of 20 or more employees against people over age 40, except where age is a bona fide occupational qualification or where the person is in a certain key executive or policy-making position and his or her retirement pension will be in excess of $44,000 per year. Such employees may be required to retire at age 65.

 

American Indian or Alaskan Native

A person with origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.

 

Americans With Disabilities Act

Most recent comprehensive civil rights legislation for the Disabled. This legislation was approved October 1990. For further information contact the Office of Equal Opportunity.

 

Annual Goal

Referred to in the goals and timetables section of the affirmative action plan, the annual goal is an annual target (annual in that it is the one-year life of the AAP) for placing underutilized groups of protected-class members in those job groups where underutilization exists.

 

Applicant for Employment

A person seeking work at a company or facility as specified in the employer's policy definition of an employment applicant. It is usually a person, as defined by the employer, who is seeking work at the company and who meets certain prescribed standards as defined by the employer. (For instance, you may limit the definition of "applicant" to those who apply for a specific job.)

 

Applicant Flow

The number of applicants for employment for a given job over a stated period of time, analyzed by sex and minority status.

 

Applicant Log

A chronological log or listing, according to race and sex, which records the flow of applicants seeking employment at the facility.

 

Applicant Pool

All people who have applied and met the employer's definition of applicants for particular jobs during the AAP plan year or other predetermined period of time. This is the collection of candidates from which the selection of available positions is normally made.

 

Apprentice

An employee or new hire who is selected to learn a certain skilled trade in a formal training program which consists of on-the-job training, usually monitored by an experienced craft worker, and related formal instruction at the facility or in public vocational institutions. This person may be listed or formally indentured with a state apprenticeship committee.

 

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. Also included are the countries of China, Japan, Korea, the Philippine Islands, and Samoa. The Indian subcontinent includes: Bangladesh, Bhutan, India, Nepal, Pakistan, Sikkim, and Sri Lanka.

 

Availability

Availability figures are determined in a complex availability analysis and are used to determine whether an employer is adequately utilizing minorities and women in specific job groups. Availability means the percentage of available minorities and women with the skills required to perform in a specific job group, or individuals who are capable of acquiring those skills in a short period of time. Availability percentages are developed for each job group by factoring raw employment statistics with a weighted factor which is designed to consider the employer's particular needs.

 

Availability Analysis

See the above definition of availability.

 

Black/African American

A person with origins in any of the black racial groups of Africa who is not of Hispanic origin. Used to determine race codes for EEO and affirmative action plan purposes.

 

Bona Fide Occupational Qualification (BFOQ)

Employment in particular jobs may not be limited to individuals of a particular sex, religion, or national origin unless the employer can show that one of these factors is an actual and necessary qualification for performing the job. This concept is interpreted very narrowly by the EEOC. While age may be considered a BFOQ under the Age Discrimination in Employment Act (for public safety workers, airline pilots, etc.) race is never a BFOQ.

 

Burden of Proof

For purposes of definition in this workbook, the term often refers to the burden placed on an employer to present a legitimate, nondiscriminatory reason for its employment action once a member of a protected class shows that he or she has been subject to an adverse employment decision, despite being qualified.

 

Caucasian

Constituting, or characteristic of a race of humankind native to Europe, North Africa, and southwest Asia and classified according to physical features —used especially in referring to persons of European descent having usually light skin pigmentation.

 

Chilling Effect

Any practice which has the effect of seriously discouraging the exercise of a right.

 

Civil Rights

The right of certain individuals not to be discriminated against in employment, public accommodations, housing, voting, and education because of their protected-class status.

 

Civil Rights Act of 1964

The nation's first comprehensive law making it illegal to discriminate on the basis of race, color, religion, sex, and national origin. Title VII of that law, which is enforced by the Equal Employment Opportunity Commission, is specifically aimed at discrimination in employment.

 

Code of Federal Regulations (CFR)

Federal statutes and executive orders are broad, general statements of law. Federal regulations, on the other hand, fill in the details. For example, Executive Order 11246 requires federal contractors to take affirmative action. The federal regulations issued under that executive order specify exactly how the contractor should do that.

 

Collective Bargaining Agreement

A written contract between an employer and a labor union, for a definitive period of time, spelling out conditions of employment, wages, hours of work, rights of employees and the union, and procedures to be followed in settling disputes.

 

Compliance

The degree to which federal contractors or subcontractors carry out the goals and commitments in their affirmative action plans or the nondiscrimination clauses in their contracts.

 

Concentration

More females or minorities in a job group than their relative proportion in the labor market workforce.

 

Conciliation Agreement

A written agreement between an employer and a state or federal antidiscrimination agency that details specific contractor commitments to resolve identified compliance deficiencies which are set forth in the agreement.

 

Contracting Agency

Any department, agency, or branch of the government, including any wholly owned government corporation, which enters into contracts.

 

Contractor

A prime contractor or subcontractor to the federal government.

 

Correction Action

Correction of deficiencies identified during a compliance review of an affirmative action plan. The term is used in deficiency letters, conciliation agreements, and show-cause orders.

 

Deficiency

Noncompliance with any government regulation.

 

Department of Labor (DOL)

The administrative agency of the federal government which enforces and administers laws and regulations affecting employees at work.

 

Desk Audit

A review and analysis at the desk of the Equal Opportunity Specialist in the Department of Labor offices which determines the acceptability of the employer's affirmative action plans under the regulations.

 

Disabled Veteran

A person entitled to compensation under laws administered by the Veterans Administration for disability rated at 30% or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

 

Discrimination

Illegal treatment of a person or group based on race, sex, or other prohibited factor. There are two types of discrimination: disparate treatment and disparate impact. Disparate treatment means treating a person differently because of his or her race, sex, handicap, or other protected-class status. Disparate impact, a less blatant form of discrimination, means a practice which has a greater negative effect on members of protected classes than on others.

 

Disparate Impact

Different treatment of employees or applicants based on their race, color, religion, sex, national origin, handicap, or veteran status.

 

"Eighty Percent" Rule

The "rule of thumb" for determining adverse impact. A selection rate for any group which is less than 80% (four-fifths) of the rate for other groups is evidence of violation of this rule.

 

Employment Practice

Any recruitment, hiring, selection practice, any transfer or promotion policy, or any benefit provision or other function of the employer's employment process which operates as an analysis or screening device.

 

Enforcement

Using legal means to enforce compliance.

 

Enforcement Action

A proceeding by a federal enforcement agency to make sure that the law is being followed. In the case of affirmative action, enforcement could range from a simple desk audit to the investigation of a discrimination complaint. Enforcement action could ultimately result in termination of federal government contracts.

 

Equal Employment Opportunity (EEO)

A system of employment practices under which no individuals are excluded from consideration, participation, promotion, or benefits because of their race, color, religion, sex, national origin, age, handicap, or veteran status. The purpose of affirmative action is to achieve equal employment opportunity.

 

Equal Employment Opportunity Commission (EEOC)

The federal government agency designated to enforce Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the Age Discrimination in Employment Act of 1967. The Commission has five members, all appointed to a five-year term by the president with the advice and approval of Congress.

 

Equal Pay Act of 1963

A federal law which required equal pay between the sexes on jobs that are equal in skill, effort, and responsibility.

 

Ethnic Group

A group identified on the basis of religion, color, or national origin.

 

Executive Order

A regulation promulgated by the president which has the effect of law on those governmental matters with which it deals.

 

Executive Orders 11246, 11375, and 12086

These orders require federal contractors with contracts of $10,000 or more to agree to grant equal employment opportunity on the basis of race, color, religion, sex, and national origin. Additionally, the orders require those who employ 50 or more employees and who hold contracts of $50,000 or more to develop written affirmative action plans.

 

Fair Employment Practices Agency (FEPA)

A state or local government agency which administers state or local laws, regulations, or ordinances prohibiting employment discrimination on the basis of sex, minority status, and other prohibited factors. Sometimes called the fair housing and employment agency or the state human relations commission where jurisdictions go beyond the employment scene.

 

Focus Job

A job title, department, or seniority unit of the employer's workforce in which minorities or women are concentrated or underrepresented in comparison to their availability for the jobs or in the workforce itself.

 

Goal Achievement

An employer's meeting of its employment or promotion targets set to correct the underutilization of protected-class members.

 

Goals

An employer's annual percentage rate of selection or internal promotion in areas of underutilization, which are to be achieved through good-faith efforts.

 

Goals and Timetables (G and T)

An employer who underutilizes women or minorities is required to make numerical projections of good-faith efforts to hire or promote these protected classes. These are called goals. The current timetable framework for affirmative action plans is a one-year period. Goals and timetables are not quotas.

 

Good Cause

A legally acceptable defense for not having taken action that would otherwise be required. Good cause for a violation of 41 CFR Chapter 60 can normally be demonstrated only by showing that a firm is or was not covered by the regulation allegedly violated, or is exempt from the regulation.

 

Good-Faith Efforts

Those actions that the contractor may voluntarily develop to achieve compliance with the contract's equal opportunity and affirmative action clauses. The results of these efforts are measured by the contractor's degree of adherence to goals and timetables. Good-faith efforts may excuse a contractor from failing to meet a goal or save the employer from sanctions.

 

Griggs v. Duke Power Co.

The landmark U.S. Supreme Court decision of 1971 which determined that employment tests or qualifications which screen out minorities or women at a higher rate than other candidates cannot be used unless the employer proves that such a selection method is related to the job for which it is used. Such proof must be in the form of a validation study.

 

Handicapped Individual

Any person who (1) has a physical or mental impairment that substantially limits one or more of his or her major life activities, (2) has a record of such impairment, or (3) is regarded as having such impairment. A handicap is substantially limiting if it is likely to cause difficulty in securing, retaining, or advancing employment. "Disabled" is the preferred terminology.

 

Hispanic

A person of Mexican, Puerto Rican, Cuban, South American, or other Spanish culture or origin, regardless of race.

 

Job Description

A written statement detailing the responsibilities and duties of incumbents in a particular job title.

 

Job Group

One or more positions having similar content, wage rates, and opportunities.

 

Job Qualifications

The education, work experience, and other abilities required for a job.

 

Labor Force

All persons in the civilian labor force, plus members of the armed forces.

 

Labor Force Participation

The rate at which a given group (usually referring to protected class groups) is represented in the civilian labor force.

 

Minorities

All persons classified as black (not of Hispanic origin), Hispanic, Asian or Pacific Islander, or American Indian or Alaskan Native.

 

National Origin

This term refers not only to one's place of birth, but to an ancestor's place of birth as well.

 

New Hire

An employee added to the employer's payroll for the first time.

 

Noncompliance

This is the failure to follow the conditions specified in a contract's equal opportunity or affirmative action clauses and the regulations applicable to those clauses.

 

Nondiscrimination

The absence of either overt or intentional discrimination, or discrimination resulting from actions that have greater adverse impact on a protected class.

 

Nondiscrimination Clause

A clause required in federal contracts with suppliers in which the supplier commits to take affirmative action in employment, upgrading, transfer, promotion, demotion, layoff, termination, and training.

 

Notices to be Posted

Notices to employees, applicants for employment, and union members prepared and approved by the Equal Employment Opportunity Commission which describe pertinent provisions of the law or regulations, and information pertaining to the filing of a complaint.

 

Office of Federal Contract Compliance Programs (OFCCP)

An office within the U.S. Department of Labor which has the responsibility of administering Executive Order 11246 and its implementing regulations.

 

Parity

The employment of women and minorities in various job groups at levels which approximate the external availability of qualified members of those groups for those particular job categories.

 

Pregnancy Disability

The period during which a female employee is unable to do the duties of the job because of pregnancy, childbirth, or related medical conditions. Employees in this situation must be treated the same as those with disabilities caused by other medical conditions.

 

Privacy Act

Protects against unauthorized use of personally identified data by any agency of the federal government. The employee must consent to the release of the data.

 

Promotion

A personnel action which results in a person moving to a job requiring higher skill or talents and usually involving greater pay or title.

 

Protected Class

A group of people protected from employment discrimination under government regulations and laws, specifically identified as women, blacks, Hispanics, Asians or Pacific Islanders, American Indians or Alaskan Natives, people over age 40, the handicapped as defined under Section 503, and disabled veterans and Vietnam era veterans as defined under the Vietnam Era Veterans Readjustment Assistance Act.

 

Qualified Disabled Veteran

A disabled veteran who is capable of performing a particular job with reasonable accommodation to his or her disability.

 

Qualified Handicapped Individual

A handicapped individual who is capable of performing a particular job with reasonable accommodation to his or her handicap.

 

Reasonable Accommodation

Changes in the job or workplace which enable a handicapped individual or disabled veteran to perform the work. Also refers to adjustments made by an employer to accommodate an employee whose religious beliefs forbid working certain days and hours.

 

Reasonable Cause

An EEOC determination that there is a basis to believe that a charge or complaint is true.

 

Recruiting Area

The area from which an employer can and does expect to recruit employees.

 

Regarded as Handicapped

An individual treated or regarded by the employer as handicapped but who may either have no physical or mental impairment, or have an impairment that does not limit his or her major life activities.

 

Rehabilitation Act of 1973

A federal law that required contractors and subcontractors with contracts in excess of $2,500 to take affirmative action to employ and advance in employment handicapped individuals.

 

Relevant Labor Area

The labor market area from which candidates are usually drawn for certain jobs. This may be a local area (secretaries and general plant help) or a national market for such positions as outside salespersons, executives and managers, or even certain professionals.

 

Religion

Includes all aspects of religious observance and practice as well as belief.

 

Remedies

The means used to correct problem areas; a term used in conciliation agreements and letters of commitment. The purpose of the remedial provisions of the Civil Rights Act is to make whole the victims of discrimination.

 

Requisite Skills

The skills needed to do a job; those skills that make a person eligible for consideration for employment in a job.

 

Revised Order No. 4

The regulation promulgated by the U.S. Department of Labor describing the required contents of affirmative action plans.

 

Segregated Facilities

Facilities belonging to an employer which provide different accommodations for members of one race than those for another. Although the language of Title VII provides that segregation on the basis of sex is prohibited, separate lavatory, locker, shower, and other personal facilities have not been declared unlawful.

 

Selection Procedures

Any measures or procedures used as the basis for an employment decision. Selection procedures range from traditional paper-and-pencil tests, performance tests, training programs, probationary periods, and physical, educational, and work experience requirements. They also may include informal or casual interviews and answers on application forms.

 

Selection Rate

The proportion of applicants or candidates who are hired, promoted, or otherwise selected.

 

Sex Discrimination

Discriminatory or disparate treatment of an individual because of his or her sex.

 

Terms and Conditions of Employment

These words encompass all aspects of an employee's relationship with an employer.

 

Title VII

A federal law that prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It applies to all employers of 15 or more employees, regardless of whether or not they are federal contractors.

 

Underrepresentation

Fewer women or minorities in a job group than their proportion in the contractor's workforce.

 

Underutilization

Having fewer women or minorities in the employer's workforce than could reasonably be expected based on their availability in the labor area.

 

Undue Hardship

In order for an employer to be able to refuse an employee's request for accommodation because of handicap or religious beliefs, the employer must be able to prove that the accommodation would cause undue hardship. Undue hardship is measured in terms of business necessity and financial cost and expenses.

 

Unlawful Employment Practice

Any policy, practice, or procedure which tends to discriminate.

 

Utilization Analysis

The comparison of the number of minorities and women in the employer's workforce and the jobs that they occupy, to the availability of minorities and women in the contractor's labor area, and, in the case of promotional jobs, those promotable employees in the contractor's own workforce.

 

Vietnam Era Veteran

A person who served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge, or was discharged or released from active duty for a service-connected disability if any part of such duty was between the above-listed dates and who was so discharged or released within 48 months preceding the alleged violation of the Vietnam Era Veterans Readjustment Act of 1974.

 

Vietnam Era Veterans Readjustment Act of 1974

A federal law that requires firms holding federal contracts or subcontracts of $10,000 or more to take affirmative action to hire and advance in employment disabled veterans and Vietnam era veterans.

 

White

A person with origins in any of the original peoples of Europe, North Africa, or the Middle East who is not of Hispanic origin.

 

Word-of-Mouth Recruitment

Relying on present employees as a means of securing new applicants for employment.

 

Workforce

The total number of workers actively employed in a company.

 

Workforce Analysis

A listing of each job title as it appears in the applicable collective bargaining agreement or payroll records, ranked from lowest to highest paid within each department or other similar organizational unit, including department or unit supervision.

 Last Modified 7/3/14