Harassment and Discrimination 215

active duty leave

An approved leave of absence to enable the servicemembers' family to get FMLA time off to make the arrangements necessary for the servicemember's departure.

Age Discrimination in Employment Act

A Federal law that prohibits age-based discrimination of employees over 40 years of age.

Americans with Disabilities Act

A Federal law that provides opportunities in the workplace for qualified individuals with a disability. Under the ADA an employer cannot discriminate against disabled persons in decisions related to hiring, firing, training, promotions, pay, benefits, or leave.

back pay

Pay that is owed to an employee for previous work.

caregiver leave

A leave granted under the FMLA for an employee to care for a related servicemember who is ill or injured due to active duty.

Civil Rights Act

A body of Federal laws that protects the rights of different groups of people. Title VII is the part of the act that prohibits employment discrimination.

discrimination

The unfair treatment of a person or group based on some identifying characteristic such as race or gender.

diversity

Having a mixture of different cultures, ethnicities, or genders. Today's workforce is becoming increasingly diverse.

employment discrimination

The practice of using an individual's race, color, national origin, sex, or religion to make employment decisions related to hiring, firing, compensation, evaluations, promotions, and training.

employment law

The area of law that covers all aspects of employer and employee relationships except the negotiation process covered by labor law and collective bargaining. Most employment laws were established to protect the rights of employees.

Equal Employment Opportunity Commission

A government agency that enforces the provisions of Title VII, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

Equal Pay Act

A Federal law that requires employers to pay men and women equal pay for equal work.

equal work

Work that requires the same level of skill, effort, responsibility, and work conditions.

essential functions

A primary job duty for which the position exists to perform.

Family and Medical Leave Act

A Federal law that enables employees to take long-term leaves of absence from work to care for a family member or for a serious health condition of their own.

Federal Glass Ceiling Commission

A group formed to study and make recommendations to end barriers to the advancement of women in the workplace.

gender

The designated sex of an individual, male or female.

gender discrimination

The unfair treatment of a person based on his or her gender.

gender stereotyping

Requiring a person to act or dress a certain way based on his or her gender.

glass ceiling

A perceived invisible obstacle that prevents qualified women from advancing to upper management positions.

harassment

Unwelcome conduct that unreasonably interferes with work performance or creates an environment that is intimidating, hostile, or offensive to the employee.

hostile environment

A type of sexual harassment in which a person is made uncomfortable by posters, photography, cartoons, or drawings in the workplace.

human resources

The department in a company that is responsible for recruiting talent, establishing workplace policies, tracking employee performance, managing employee compensation and benefits, and taking corrective action on performance issues.

major life activities

Functions required to live a normal lifestyle. Seeing, hearing, breathing, speaking, and walking are considered major life activities.

mediation

A form of dispute resolution using an objective third party to assist the employer and employee in resolving issues. Mediation is a faster and more effective way of reaching an agreement than litigation.

Pregnancy Discrimination Act

An amendment to Title VII of the Civil Rights Act that states a woman cannot be denied a job, demoted, or fired because of pregnancy.

quid pro quo

A type of sexual harassment in which the harasser uses submission to or rejection of sexual requests as a basis for decisions such as hiring, firing, pay, performance evaluations, and promotions.

reasonable accommodations

Changes made within the workplace to assist disabled workers in doing their jobs.

reasonable person standard

A standard for determining whether conduct can be considered sexual harassment. Conduct and behavior may not be considered harassment if a reasonable person would not find the actions offensive.

sexual harassment

A type of discrimination in which a person is subjected to unwelcome conduct or a hostile environment on the basis of his or her gender.

Title VII

The part of the Civil Rights Act that prohibits employment discrimination based on race, color, national origin, sex, and religion.

undue hardship

An accommodation for a disabled employee that would be unduly costly, extensive, substantial, or disruptive, or would fundamentally alter the nature or operation of a business.

wage discrimination

The unfair treatment of a person by paying him or her a lower wage based on the person's gender.