Harassment and Discrimination 200

accent

The distinctive way a person speaks, often associated with their geographic or cultural background. Accent-based discrimination may violate Title VII, as it may be part of someone's national origin.

ADA

Americans with Disabilities Act. A federal law prohibiting discrimination against individuals with disabilities in all areas of public life, including employment. The ADA requires employers to provide reasonable accommodations and prohibits decisions based on stereotypes or assumptions about disabilities.

ADEA

Age Discrimination in Employment Act. A federal law that prohibits discrimination against employees and applicants age 40 or older in hiring, promotion, discharge, compensation, and other employment decisions. The ADEA prohibits age-based harassment, assumptions about ability, or forced retirement.

administrative controls

A policy, procedure, or practice in the workplace that reduces exposure to hazards. Administrative controls for violence prevention include visitor protocols, buddy systems, or shift adjustments.

Age Discrimination in Employment Act

ADEA. Prohibits discrimination against employees and applicants age 40 or older in hiring, promotion, discharge, compensation, and other employment decisions, for eligible employers. The Age Discrimination in Employment Act prohibits age-based harassment, assumptions about ability, or forced retirement.

Americans with Disabilities Act

ADA. A federal law prohibiting discrimination against individuals with disabilities in all areas of public life, including employment. The Americans with Disabilities Act requires eligible employers to provide reasonable accommodations and prohibits decisions based on stereotypes or assumptions about disabilities.

assault

Any attempt or threat to cause physical harm to another person. Assault includes hitting, pushing, sexual violence, or threats that create a reasonable fear of injury.

assistive technology

Any device or software that helps someone with disabilities perform tasks. Assistive technology includes voice recognition, ergonomic tools, screen readers, and mobility aids.

beard nets

A protective covering worn over facial hair to maintain hygiene and safety. Beard nets are often worn as a reasonable accommodation for religious beards.

biological

Relating to a person's physical, genetic traits, such as their assigned sex at birth or eye color. Biological differences can be important to understand for safety reasons, but they are never a justification for discrimination.

bona fide occupational qualification

BFOQ. A rare legal exception allowing an employer to require a specific trait, like age or sex, if it is reasonably necessary for the normal operation of businesses. To be a bona fide occupational qualification, a trait must be essential to job performance or safety, such as requiring a female employee for a role as a women's locker room attendant or requiring an engineer to have at least 15 years of experience and, therefore, to be at least 30 years old.

Bostock v. Clayton County

A 2020 decision by the U.S. Supreme Court that ruled discrimination based on sexual orientation or gender identity is a form of sexual discrimination prohibited under Title VII. Bockstock v. Clayton County (2020) makes it illegal to hire, fire, demote, harass, or otherwise mistreat people because of their sexuality or gender identity.

bullying

Repeated, unreasonable actions directed at a group or individual that are intended to intimidated, degrade, or undermine them. Bullying can include physical or verbal abuse, sabotaging work, excessive criticism, and other behaviors.

Bureau of Labor Statistics

BLS. A U.S. federal agency that collects and publishes data on employment, injuries, and workplace fatalities. Bureau of Labor Statistics data helps organizations understand trends in workplace violence and assess their own risk.

caregiver

Someone who provides critical support to family members, such as children, elderly parents, or individuals with disabilities. While caregiver status is not a protected category under Title VII, related forms of discrimination may fall under sex or gender discrimination.

citizenship status

Whether a person is a U.S. citizen, lawful permanent resident, or otherwise authorized to work under other legal status. Laws like Title VII and the Immigration Reform and Control Act of 1986 prohibit discrimination based on citizenship status.

Civil Rights Act of 1964

CRA (1964). A landmark federal legislation that prohibits discrimination on the basis of race, color, religion, sex, national origin, and other traits in employment, education, and public accommodations. The Civil Rights Act of 1964 includes Title VII, which specifically addresses employment discrimination and established the Equal Employment Opportunity Commission (EEOC) to enforce the law.

color

Skin color, complexion, or tone. Color is a protected class under Title VII and may or may not be related to race or national origin.

conflict resolution

A strategy to address and resolve disagreements between individuals in a constructive way. Effective conflict resolution can prevent workplace disputes from escalating into threats or violence.

conflicts

Any disagreement over tasks, responsibilities, priorities, or interpersonal issues. Conflicts can sometimes be constructive, but usually they result in disrupted workflow, tension, and hostility.

CRA

A landmark federal legislation that prohibits discrimination on the basis of race, color, religion, sex, national origin, and other traits in employment, education, and public accommodations. The CRA (1964), or The Civil Rights Act of 1964, includes Title VII, which specifically addresses employment discrimination and establishes the Employment Opportunity Commission (EEOC) to enforce the law.

CROWN Act

Create a Respectful and Open World for Natural Hair Act. A law that prohibits discrimination based on hair texture or protective hairstyles like braids, locs, or twists. The CROWN Act prohibits touching, commenting on, or asking someone to change their hairstyles.

cyberbullying

Harassment or discrimination carried out through digital communication like email, messaging apps, or social media. Cyberbullying can qualify as workplace harassment even if it occurs outside of working hours.

de-escalation

A technique used to calm a person who is angry, agitated, or potentially violent or to defuse a dangerous situation. De-escalation focuses on communication strategies that reduce tension and prevent conflicts from becoming dangerous.

diabetes

A chronic health condition affecting blood sugar regulation. Under the ADA, individuals with diabetes are considered to have a disability if the condition substantially limits one or more major life activities.

disabilities

A physical or mental impairment that substantially limits one or more major life activities. Disabilities includes conditions like mobility impairments, visual or hearing impairments, chronic illnesses, and mental health disorders.

discrimination

The act of treating an individual unfairly or unequally based on a protected characteristic. Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, promotions, compensation, and other aspects of employment.

diverse

Characterized by differences between people in a given setting, including race, ethnicity, gender, age, sexual orientation, disability, and cultural background. In the workplace, diverse teams contribute a range of perspectives and experiences that can enhance creativity, problem-solving, and decision-making.

employee relations

Any practice or policy an organization uses to manage its relationships with or between employees, including communication, trust, and fairness. Strong employee relations help create a respectful workplace where violence is less likely to develop.

engineering controls

A physical or structural change to the workplace that reduces exposure to hazards. Engineering controls for violence prevention include secure entry systems, improved lighting, and protective barriers.

Equal Employment Opportunity Commission

EEOC. A federal agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on the protected classes in Title VII of the Civil Rights Act (1964). The Equal Employment Opportunity Commission investigates discrimination complaints, mediates disputes, and files lawsuits to protect individuals' rights.

Equal Pay Act of 1963

A law that prohibits employers from paying men and women differently for performing the same work in the same workplace. The Equal Pay Act of 1963 attempts to address sex- and gender-based wage disparities and applies regardless of job title.

equitable

Characterized by the just treatment, opportunities, and advancement for all individuals, while striving to identify and eliminate barriers that lead to unequal treatment. Equitable workplaces recognize that different individuals may need different resources or support to have the same opportunity to succeed.

ethnic

Related to a person's cultural heritage, language, traditions, or ancestry. Ethnic discrimination, such as making "English-only" rules or excluding applicants because of their names, is prohibited under CRA (1964).

gender

The roles, behaviors, and identities associated with being male, female, both, or neither. Under Title VII, discrimination based on gender, including nonconformity with gender norms, is prohibited.

gender norms

A societal expectation and/or behavior considered appropriate for individuals based on their perceived gender. Gender norms influence everything from clothing and communication styles to career choices and roles within the workplace, often reinforcing stereotypes and contributing to bias or unequal treatment.

gender pay gap

The difference in average earnings between men, women, and people of other gender identities who perform similar work. The gender pay gap is a consequence of systemic bias, unequal opportunities, and discriminatory pay practices that are illegal under federal law.

general duty clause

A statement within the Occupational Safety and Health Act that establishes that OSHA protections apply even to situations for which there are no specific standards. The general duty clause requires employers to provide places of employment that are free from recognized health and safety hazards.

genes

A biological unit of heredity found in DNA. Genes and genetic science offer valuable medical insights, but also raise discrimination risks.

genetic information

Any detail about an individual's genetic tests, family medical history, and participation in genetic services. Title VII and the Genetic Information Nondiscrimination Act (GINA) prohibits employers from using genetic information in hiring, firing, or promotion decisions.

Genetic Information Nondiscrimination Act

GINA. A federal law enacted in 2008 that prohibits discrimination based on genetic information in health insurance and employment. The Genetic Information and Nondiscrimination Act prohibits employers from using DNA test results or family medical history to make decisions about hiring, promotions, or coverage.

GINA

Genetic Information Nondiscrimination Act. A federal law enacted in 2008 that prohibits discrimination based on genetic information in health insurance and employment. The GINA prohibits employers from using DNA test results or family medical history to make decisions about hiring, promotions, or coverage.

glass ceiling

The invisible barrier that prevents certain groups, usually women or minorities, from advancing to higher-level positions despite their qualifications. The glass ceiling limits career growth and reduces diversity in leadership.

harassment

Any unwelcome conduct based on a protected characteristic, such as race, color, religion, sex, national origin, age, disability, or genetic information, that creates a hostile, intimidating, or offensive work environment. Under Title VII, harassment is a form of discrimination.

hazards

Any condition or behavior that has the potential to cause harm, injury, or illness. Hazards include workplace violence and other dangerous conditions that can impact workplace violence, such as unsecured access points, understaffing, or escalating interpersonal conflicts.

high-hazard

Related to a situation or area with an elevated risk of injury, violence, or other harm due to job tasks or environmental factors. High-hazard traits that impact workplace violence can include isolated work areas, late-night shifts, or roles involving public interaction.

hijabs

A headscarf worn by some Muslim women for religious or cultural reasons. Hijabs are protected under the CRA (1964) and must be allowed in the workplace unless they present a legitimate safety concern.

homicide

The intentional killing of one person by another. Homicide, or murder, is one of the most severe and tragic forms of workplace violence tracked by OSHA and the BLS.

hostile work environment

A workplace with a pattern of behavior that causes fear, discomfort, or intimidation. Hostile work environments harm morale, reduce productivity, and violate harassment laws.

HR

Human resources. The department in an organization responsible for managing employee relations, policies, hiring, and workplace compliance. HR professionals often address and escalate harassment and discrimination complaints.

human resources

HR. The department in an organization responsible for managing employee relations, policies, hiring, and workplace compliance. Human resources professionals often address and escalate harassment and discrimination complaints.

Immigration Reform and Control Act of 1986

IRCA. A federal law that prohibits the hiring or employment of individuals who are not authorized to work in the country. The Immigration Reform and Control Act of 1986 requires employers to verify an immigrant's employment eligibility, but prohibits discrimination based on national origin, especially for those who are qualified to work.

incarceration history

Whether someone has been imprisoned for, accused of, or found guilty of a crime. Some states and cities prohibit asking about incarceration history during early stages of hiring, especially when a criminal background check disproportionately excludes people of a certain race or national origin.

intent

The aim or purpose behind an action. In harassment and discrimination cases, intent is less important than the impact of a behavior.

intersectional

Being characterized by overlapping, related, or combined identities, such as race, gender, class, sexuality, and disability. Everyone has multiple intersectional identities.

invisible disabilities

A condition that substantially limits life activities but is not immediately apparent to others, such as chronic illness, mental health disorders, or neurological differences. People with invisible disabilities are protected from discrimination, harassment, and indignity under federal law.

Jewish

Relating to someone who practices Judaism, one of the world's oldest religions, or who is part of the ethnoreligious group originating from the Israelites of ancient Israel and Judah. Jewish employees, like employees of any faith, are entitled to religious accommodations, such as time off for religious observances and allowances for religious attire.

Latino

A person with cultural or ancestral ties to Latin America, including Mexico, Central America, South America, and the Caribbean. Discriminating against someone because of their Latino heritage is prohibited under Title VII protections for race, color, or national origin.

LGBTQIA

Lesbian, Gay, Bisexual, Transgender, Queer (or Questioning), Intersex, Asexual, and others. A group of people whose identities fall outside of heterosexual and/or cisgender norms. Members of the LGBTQIA+ community are protected from employment discrimination under Title VII as interpreted by the EEOC and the Supreme Court.

limb differences

A variation in the size, number, or function of arms or legs and that may be congenital or acquired. Limb differences are a type of visible disability.

machinist

Someone who produces precision metal parts, generally using cutting processes. Machinists are skilled in using machine tools such as CNC mills, lathes, or laser cutters.

memes

Images or videos shared widely online, often with humorous intent. Memes can qualify as harassing or discriminatory even if they are sent outside of working hours or from personal devices and accounts.

morale

The overall emotional and mental state of employees, shaped by job satisfaction, trust in leadership, and a sense of being valued and respected. Morale can be maintained or improved by respectful workplace practices that prevent harassment and discrimination.

Muslim

A practitioner of the religion of Islam, one of the world's major monotheistic religions that follows the teachings of the Prophet Muhammad in the Quran. Muslim employees, like employees of any faith, are entitled to religious accommodations, such as time off for religious observances and allowances for religious attire.

national origin

A person's country of birth or ancestry. Discrimination based on national origin is prohibited under Title VII, including treating someone unfavorably because of their ethnicity, accent, language, or cultural customs.

Occupational Safety and Health Administration

OSHA. A government agency under the U.S. Department of Labor that sets the standards for safe working conditions in the United States. The Occupational Safety and Health Administration ensures that employees work in safe and healthy environments.

peers

A colleague who has the same or similar level of responsibility as another person. Peers often work side-by-side on production tasks and team projects.

people of color

POC. A collective term for people who are not considered white, including but not limited to Black, Latinx, Asian, Indigenous, and Middle Eastern people. People of color will often face systemic discrimination, bias, and unequal treatment based on race or ethnicity.

physical harassment

A type of harassment characterized by unwanted contact, gestures, violence, or interference with a person's movement. Physical harassment includes touching, blocking paths, or other intimidating actions.

pink collar

Referring to jobs or tasks typically held or performed by women. Pink collar jobs include those in service, administrative, or caregiving roles.

POC

People of color. A collective term for people who are not considered white, including but not limited to Black, Latinx, Asian, Indigenous, and Middle Eastern people. POC will often face systemic discrimination, bias, and unequal treatment based on race or ethnicity.

Pregnancy Discrimination Act

A 1978 amendment to Title VII that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act mandates that eligible employers treat pregnancy-related conditions as they would any other temporary medical condition by providing reasonable accommodation and leave as required and ensures that employees are not demoted, denied opportunities, or terminated due to pregnancy.

protected class

A trait that is safeguarded from discrimination under federal or state law. Under Title VII of the Civil Rights Act (1964), protected classes include race, color, religion, sex, pregnancy, gender identity, sexual orientation, national origin, age, disability, and genetic information.

quid pro quo

A type of sexual harassment that occurs when job benefits, promotions, or employment are offered or withheld based on sexual favors. Quid pro quo, Latin for "this for that," often occurs between superiors and the people they oversee.

race

A group of people who share certain distinctive physical traits. Race is a protected class under Title VII of the Civil Rights Act (1964), which prohibits discrimination and unequal treatment of protected classes.

reasonable accommodations

A modification or adjustment to a job, work environment, or workplace policy that enables someone with a disability or a religious belief to perform essential job functions, including adjusted schedules, assistive technology, and modified dress codes. Under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act, employers are legally required to provide such accommodations unless doing so imposes an "undue hardship" on business operations or puts the employee in danger.

reasonably foreseeable

Describing a risk or incident that a prudent employer could anticipate based on warning signs, history, or known workplace conditions. If a violent act is reasonably foreseeable, employers are expected to take preventive steps.

retaliation

Any adverse action taken against someone for reporting or participating in an investigation about workplace harassment or discrimination. Retaliation can include demotion, termination, exclusion, or any behavior that would discourage a person from speaking up about misconduct.

retention

An organization's ability to keep its employees over time. High retention rates often indicate a positive work environment, effective management, and employee satisfaction, and correlate with inclusion practices.

safety hijabs

A protective head covering made from flame-resistant or snag-free materials. Safety hijabs are often a reasonable accommodation for women who normally wear hijabs.

Salah

An Islamic practice of five daily prayers, performed at specific times. Salah observance is protected under the CRA (1964), and workplaces must provide employees reasonable accommodations to pray.

segregating

Separating people based on their personal characteristics, especially race, color, national origin, or gender. Segregating employees is both illegal and deeply damaging to morale.

sex

The chromosomal biology that determines whether someone is male, female, or intersex. Sex is a protected class under Title VII of the 1964 Civil Rights Act, as well as other U.S. labor laws.

sexual harassment

A type of harassment characterized by sexual advances, comments, or behavior that affects work performance and creates a hostile environment. Sexual harassment includes unwanted touching, comments about dress or appearance, and many other behaviors.

sexual orientation

Who a person is emotionally, romantically, or sexually attracted to, including heterosexual, homosexual, bisexual, and asexual orientation. In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII's protections against sex discrimination include sexual orientation.

Shabbat

The Jewish Sabbath, which is a day of rest and celebration in Judaism. Shabbat begins on Fridays before sunset and ends the next day, Saturday, after nightfall.

sincerely held

A belief or practice that an individual earnestly follows. Employers must provide reasonable accommodations for all sincerely held religious beliefs and practice, including dress, holidays, and prayer breaks.

slurs

A derogatory or offensive word that targets someone's race, ethnicity, gender, religion, or another protected characteristic. Slurs are a serious type of verbal harassment.

smart

Referring to technology or systems that use automation, data analytics, and sensors to improve efficiency, safety, and quality. Smart technology includes robots, advanced CNC machines, machine guarding systems, and lights-out manufacturing operations.

socioeconomic class

A position in a social hierarchy that impacts access to opportunities and is often based on family lineage, income, education, or a combination of factors. Socioeconomic class is not directly protected under federal laws, but policies that disproportionately affect individuals from low-income backgrounds may cause indirect discrimination, particularly if they intersect with protected classes like race, disability, or national origin.

stalking

Repeated, unwanted monitoring, following, or communication that causes fear or distress. Stalking can be a form or warning sign of workplace violence between coworkers or individuals outside the organization.

systemic

Referring to issues, practices, or behaviors that are built into the structure of an organization or society, affecting how it operates. Systemic discrimination can include long-standing inequities or biases in policies that affect fairness, opportunities, and overall workplace culture.

Title VII

A section of the Civil Rights Act (1964) that prohibits employment discrimination based on race, color, religion, sex, national origin, or other protected traits. Title VII applies to employers with 15 or more employees and covers all aspects of employment, including hiring, firing, promotions, and compensation.

turbans

A head covering worn for religious or cultural purposes, such as by Sikh men. Turbans are protected under the CRA (1964) and must be allowed in the workplace unless they present a legitimate safety concern.

unconscious bias

A learned attitude or stereotype that affects understanding, decisions, and actions without conscious awareness. Unconscious bias can lead to discrimination that is deeply harmful even though it is unintentional.=

undue hardship

A significant difficulty, unmanageable safety concern, or expense for an employer when accommodating for an employee's religious or personal needs. Employers must provide reasonable accommodations for religion, disability, and other traits unless they cause undue hardship.

USERRA

Uniformed Services Employment and Reemployment Rights Act of 1994. A federal law that protects the job rights of individuals who voluntarily or involuntarily leave employment to serve in the uniformed services. USERRA prevents employers from discriminating against past or present service members in hiring, promotion, retention, or benefits, and requires that they provide a supportive and respectful work environment that is free from bias based on military obligations.

verbal harassment

A type of harassment characterized by offensive language, insults, threats, or derogatory remarks. Verbal harassment includes spoken comments, written notes, text messages, and online messages.

visible disabilities

A physical condition that is apparent to others, such as mobility aids, limb amputations, paralysis, or other observable impairments. People with visible disabilities are protected from discrimination, harassment, and indignity under federal law.

visual harassment

A type of harassment characterized by offensive images, gestures, or displays, such as posters, cartoons, or emails. Visual harassment includes images and catchphrases on clothing, tattoos, and other media.

welder

A technician who uses equipment that produces heat or pressure to permanently join metal parts. Welders might be skilled in techniques like arc welding, thermal cutting, or friction welding.

workplace misconduct

Any action that violates company policies, safety regulations, or legal standards. Workplace misconduct includes harassment, discrimination, bullying, violence, theft, and other behaviors.

workplace violence

Any act of physical or verbal violence, harassment, intimidation, or other threatening disruptive behavior that occurs at a worksite, during work-related travel, or on work-sponsored websites. Workplace violence can be carried out by or inflicted on coworkers, clients, visitors, or superiors.

written harassment

A type of harassment characterized by offensive writing or language, such as books, notes, texts, letters, or emails. Written harassment includes writing and catchphrases on clothing, tattoos, and other media.

yarmulkes

A small head covering or skullcap worn by some Jewish men. Yarmulkes, or kippahs, are protected under the CRA (1964) and must be allowed in the workplace unless they present a legitimate safety concern.

zero-tolerance policies

A procedure that clearly states that any form of violence, threats, or harassment is unacceptable and will result in disciplinary action, often in the form of termination. Zero-tolerance policies promote a culture of safety and ensure consistent responses to misconduct.