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30 Cards in this Set
- Front
- Back
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glass ceiling |
artificial barriers based on attitudinal or organizational bias that prevent qualified individuals from advancing in their organization into upper management positions |
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discrimination |
the limitation or denial of employment opportunity based on or related to the protected class characteristics of persons |
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adverse employment action |
harassment that does not directly alter a person's employment status, but makes it more difficult to perform well and stay on the job
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protected class |
the characteristics of people, such as race, sex, and age, which are considered impermissible groups for making employment decisions |
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disparate treatment |
the unequal treatment based on one or more protected class characteristics that results in the limitation or denial of employment opportunity |
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discriminatory intent |
the key element of disparate treatment in which the decision maker based a decision, in whole or part, on a protected class characteristic of the affected employee
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adverse impact |
the disproportionate limitation or denial of employment opportunity for some protected class group that results from the use of a "neutral" requirement or practice that cannot be adequately justified
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discriminatory effects |
the focus in adverse impact cases where plaintiffs must show, usually through statistics, that some employment requirement or practice affects one protected class group more detrimentally than others
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failure to reasonably accommodate |
a major type of discrimination in which an employer discriminates when it fails to be flexible in meeting the needs of disabled employees and those whose religious beliefs and practices come into conflict with workplace requirements
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retaliation |
one major type of discrimination that occurs when an employee who asserts her rights under the law is subjected to a materially adverse action for doing so |
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facially discriminatory policies or practices |
employers that base employment decisions, including hiring and promotion, on protected class characteristics, and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics |
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bona fide occupational qualification (BFOQ) |
the only way that an employer can prevail in facially discriminatory policy or practice cases is by showing that the required protected class characteristic is a bona fide occupational qualification (BFOQ) for the job in question |
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reverse discrimination |
use of affirmative action by an employer where protected class characteristics are taken into account in making employment decisions that other employees find discriminatory
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pretext |
the underlying premise that employment decisions are made either for discriminatory or lawful reasons
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mixed motives |
the underlying premise that employment decisions are made both for discriminatory and lawful reasons
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"but-for" cause |
in age discrimination cases, plaintiffs must show that age was the "but-for" cause i.e., the same decision would not have been made had the employer not considered the plaintiff's age
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pattern or practice (of discrimination) |
a disparate treatment case where the plaintiffs marshal statistical data showing the systematic effects of an employer's discrimination and evidence of intentional discrimination against individuals in the larger affected group
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indirect method (McDonnell Douglas analysis) |
a method provided by the Supreme Court for deciding pretext cases |
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prima facie case |
this is a showing by the plaintiff that discrimination is a plausible explanation for an adverse employment action |
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direct evidence |
verbal or written statements that unequivocally express a discriminatory motive |
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circumstantial evidence |
evidence that hints at the possibility of discrimination, but by itself is not sufficient to compel that conclusion |
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direct method |
a method that analyzes disparate treatment cases by considering essentially the same evidence as a pretext but is less structured and more likely to be employed in cases where strong evidence exists regarding the decision maker's motives |
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subordinate bias ("cat's paw") theory |
a recent Supreme Court ruling which underscores that employers should closely review employment decisions and recommendations made by lower-level managers |
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neutral requirement |
a practice that refers to anything other than protected class characteristics used as grounds for making employment decisions |
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job-related and consistent with business necessity |
a reasonable factor used by an employer to justify discriminatory selection of people |
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reasonable factor other than age |
in age-based adverse impact claims, the employer has the burden of showing that the challenged requirement or practice is a reasonable factor other than age |
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participation |
involvement in the enforcement of an anti-discrimination law, such as filing a charge, bringing a lawsuit, giving testimony, and assisting in the investigation of a discrimination charge |
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opposition |
resisting or speaking out against discrimination apart from participating in formal enforcement procedures |
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materially adverse action |
a materially adverse harmful act which must be severe enough that it would likely have dissuaded a reasonable worker from making or supporting a charge of discrimination
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third-party retaliation |
according to the Supreme Court, an employee has the legal standing to sue an employer in case of any discriminations |
