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Religious Discrimination
Religious discrimination occurs when an employment rule or policy requires a person to either violate a fundamental precept of his or her religion or lose an employment opportunity. The definition of "religion" is not restricted to the major religions. Since the provisions under religion include a lack of belief, atheists are also covered. The coverage under religion includes all aspects of religious observances and practices as well as belief.
Color Discrimination
Discrimination based on color occurs when individuals are treated less favorably than others who are similarly situated because of the color of their skin. This is a separately identifiable type of discrimination, which can also occur in conjunction with race discrimination.
Disparate Impact
Under EEO law, less favorable effect for one group than for another. Disparate or adverse impact results when policies and practices applied to all employees or applicants have a different and more inhibiting effect on one group than they do on another.
Title VII of the Civil Rights Act of 1964
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amends several sections of Title VII. These amendments appear in boldface type. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading.
Reprisal/Retaliation
A complaint may be filed by an individual who alleges restraint, interference, coercion, discrimination or retaliation for raising a claim of discrimination; or for representing one who has alleged discrimination; or for advocating equal opportunity for others; or for acting as an EEO official in processing such complaints.
Overt Discrimination
Overt discrimination is a specific, observable action taken against a person or class of persons because of protected status, e.g., national origin. This treatment also is referred to as "intentional discrimination. " Example: Failing to interview job applicants based solely on their race (race discrimination).
Age Discrimination
Age discrimination is present if an individual covered under this provision is treated unfavorably in the terms and conditions of his/her employment because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids discrimination based on age for those individuals who are 40 years of age or older.
Employment agency
Means any person regularly undertakingwith or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.
Underutilization
To use less than fully; below potential use. This term is often applied to categories of employees who are working at jobs that do not make full use of their skills and abilities, although they may have been hired for those skills and abilities. When an employee is consistently assigned to "dead end" jobs, he or she may be underutilized because they are often seen as able to perform only limited tasks.
National Origin Discrimination
National origin discrimination has been broadly defined as including, but not limited to, the denial of equal employment opportunity because of an individual's or his/her ancestor's country of origin or because an individual has the physical, cultural, or linguistic characteristics of a particular national origin group.
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