GLOSSARY OF COMMON DISCRIMINATION & HARASSMENT TERMS

As with many other legal topics, the realm of discrimination and harassment seems to have its own language. The following is a glossary of some of the common terms that are bandied about in discrimination and harassment litigation, so that you can have an idea of what someone is really talking about the next time they say “is there a b.f.o.q. for the ER in that Title VII claim?”

ADA: Short for the Americans with Disabilities Act, which protects persons with disabilities from discrimination in many aspects of life, including employment, education, and access to public accommodations.

ADEA: Short for the Age Discrimination in Employment Act, a federal law that prohibits discrimination on the basis of age for workers over the age of forty. Only employers with more than twenty employees are required to comply with the ADEA.

AG: Short for “Attorney General,” usually referring to the U.S. Attorney General. The AG often becomes involved in discrimination and harassment claims, as that office is entitled to file suit in some situations on behalf of the person or group who is being discriminated against or harassed.

At-will: A term used to describe many employment relationships. In a nutshell, “at-will” means that an employee can be fired for any reason or for no reason at all. However, even an at-will employee is entitled to the protection of anti-discrimination laws. If such employees are terminated in violation of one of these laws, they may be able to successfully bring an action against their former employer.

B.F.O.Q.: Short for the phrase “bona fide occupational qualification.” A B.F.O.Q. may absolve an employer from liability for discrimination when there is a legitimate reason to require, for example, that all of the employees working a particular job be of the same sex or age. The successful use of a B.F.O.Q. defense is rare.

Complainant: A term used to describe a person bringing a claim of discrimination or harassment. If the matter proceeds to court, the complainant may begin to be referred to as the plaintiff or the petitioner.

EEOC: The Equal Employment Opportunity Commission, a part of the federal government that may investigate or handle claims of workplace discrimination or harassment.

ER: Short for “employer,” often used when discussing workplace harassment or discrimination claims.

FMLA: Short for the Family and Medical Leave Act, which applies to employers who have more than fifty employees on their payroll. The FMLA prohibits employers from discriminating against employees who choose to take time off of work to care for certain medical needs of their own or their family members.

Hostile work environment: The basis for a type of sexual harassment claim. A “hostile work environment” is created where the presence of demeaning or sexual photographs, jokes, threats, or overall atmosphere is so pervasive as to create an intimidating and offensive work environment.

HUD: Short for the U.S. Department of Housing and Urban Development. HUD is responsible for investigating complaints of violations of the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, family status, or disability.

IDEA: Short for the Individuals with Disabilities Education Act. IDEA protects children who need special education services by providing free public education specifically tailored to meet the needs of those children. Originally passed in 1975, President Bill Clinton signed into effect a series of amendments to the Act in 1997.

OCR: The Office of Civil Rights of the U.S. Department of Education. OCR is responsible for overseeing and enforcing the series of federal laws that prohibit discrimination in education.

Quid pro quo: A Latin phrase meaning “something for something.” Quid pro quo is a type of sexual harassment in which the harasser asks for a sexual favor in return for providing an employment benefit, such as a raise, continued employment, or other favorable treatment.

Same-sex harassment: The type of harassment that occurs when a male sexually harasses a male, or a female sexually harasses a female.

Section 504: Short for Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the provision of educational services and opportunities in educational institutions that receive federal financial grants or assistance.

Title II: Short for Title II of the Americans with Disabilities Act of 1990. Title II prohibits disability discrimination by public entities, including public school districts, public colleges and universities, public vocational schools, and public libraries, whether or not they receive federal financial grants or assistance.

Title VI: Short for Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in educational institutions that receive federal financial grants or assistance.

Title VII: Short for Title VII to the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, religion, and sex.

Title IX: Short for Title IX of the Education Amendments of 1972, which prohibits sex discrimination in educational institutions that receive federal assistance. Perhaps the most notable effect of Title IX has been the increased availability of, and participation in, women’s athletics in all types of educational facilities.

Disclaimer
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.