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Disparate Treatment
Inconsistent application of rules and policies to an individual or one group of people over another. Discrimination may result when rules and policies are applied differently to members of protected classes. Disciplining Hispanic and Afro-American employees for tardiness, while ignoring tardiness among other employees, is an example of disparate treatment.
Discrimination
Discrimination is defined in civil rights law as unfavorable or unfair treatment of a person or class of persons in comparison with others who are not members of the protected class because of race, sex, color, religion, national origin, age, physical/mental disability, or reprisal for opposition to discriminatory practices or participation in the EEO process.
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.
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.
Affirmative Action Plans/Affirmative Employment Plan
Written plans for programs required by Executive Order 11478 and other laws and regulations. AAP's may contain studies, which show how the work force at the activity has been used, and may include goals and timetables for increasing the representation of women, minorities, and persons with disabilities in those areas where they have been underrepresented.
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).
Class Complaint/Class Action
A complaint articulated or filed by a group of people who feel that personnel or management policies or practices discriminate against them as a group. Members of the group believe that a characteristic they share -- race, color, religion, sex, national origin, age, or disability is the basis for the discrimination.
Affirmative Action
Positive steps taken by an employer to ensure equal employment opportunities for minorities, women, and persons with disabilities. In federal employment, extra effort must be made to include qualified women, minorities, and persons with disabilities at grade levels and in job categories where they are underrepresented.
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.
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.
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