Employment Law Chapter 2

Front 1

Claimant or Charging Party

Back 1

The person who brings an action alleging violation of Title VII.

Front 2

Record Keeping and Reporting Requirements

Back 2

Title VII requires that certain documents must be maintained and periodically reported to the EEOC.

Front 3

706 Agency

Back 3

State Agency that handles EEOC claims under a work-sharing agreement with the EEOC.

Front 4

Concilliation

Back 4

Attempting to reach agreement on a claim through discussion, without resort to litigation.

Front 5

Respondent or Responding Party

Back 5

Person alleged to have violate Title VII, usually the employer.

Front 6

Anti-retaliation Provisions

Back 6

Provisions making it illegal to treat an employee adversely because the employee pursued his or her rights under Title VII.

Front 7

Reasonable Cause

Back 7

EEOC finding that Title VII was violated.

Front 8

No Reasonable Cause

Back 8

EEOC finding that evidence indicates no reasonable basis to believe Title VII was violated.

Front 9

Right-To-Sue Letter

Back 9

Letter given by the EEOC administrative procedure before being permitted to seek judicial review of an agency decision.

Front 10

Exhaustion of Administrative remedies

Back 10

Gong through the EEOC administrative procedure before being permitted to seek judicial review of an agency decision.

Front 11

EEOC Investigator

Back 11

Employee of EEOC who reviews Title VII complaints for merit.

Front 12

Judicial Review

Back 12

Court review of an agency's decision.

Front 13

De Novo Review

Back 13

Complete new look at administrative case by the reviewing court.

Front 14

Mandatory Arbitration Agreement

Back 14

Agreement an employee signs as a condition of employment, requiring that workplace disputes be arbitrated rather than litigated.

Front 15

Back Pay

Back 15

Money awarded for time employee was not working (usually due to termination) because of illegal discrimination.

Front 16

Front Pay

Back 16

Equitable remedy of money awarded to claimant when reinstatement is not possible or feasible.

Front 17

Retroactive Seniority

Back 17

Seniority that dates back to the time the claimant was treated illegally.

Front 18

Make-Whole Relief

Back 18

Attempts to put the claimant in position he or she would have been in had there been no discrimination.

Front 19

Compensatory Damages

Back 19

Money awarded to compensate the injured party for direct losses.

Front 20

Punitive Damages

Back 20

Money over and above compensatory damages, imposed by court to punish defendant for willful acts and to act as a deterrent.

Front 21

Disparate/Adverse Impact

Back 21

Effect of facially neutral policy is deleterious for Title VII group.

Front 22

Plaintiff

Back 22

One who brings a civil action in court

Front 23

Defendant

Back 23

One against whom case is brought.

Front 24

Disparate Treatment

Back 24

Treating similarly situated employee differently because of prohibited Title VII factors.

Front 25

Prima Facie Case

Back 25

Presenting evidence that fits each requirement of a cause of action.

Front 26

Bona Fide Occupational Qualifications (BFOQ)

Back 26

Permissible discrimination if legally necessary for employer's particular business.

Front 27

Facially Neutral Policy

Back 27

Workplace policy applies equally to all appropriate employees.

Front 28

Screening Device

Back 28

Factor used to weed out applicants from the pool of candidates.

Front 29

Four-Fifths Rule

Back 29

Minority must do at least 80% or four-fifths as well as majority on screening device or presumption of disparate impact arises, and device must then be shown to be legitimate business necessity.

Front 30

Business Necessity

Back 30

Defense to a disparate impact case based on the employer's need for the policy as a legitimate requirement for the job.