Glossary of EEO Terminology

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ABUSE OF PROCESS
Employing the civil process for a use other than one for which is intended by law.

ACCEPTANCE
The act of the agency formally notifying the complainant which allegations it will investigate.

ACKNOWLEDEGMENT LETTER
A letter required by 29 C.F.R. § 1614.106(e)(1) and (2) whereby the agency acknowledges receipt of the complaint in writing and informs the complainant of the date on which the complaint was filed.

ADDENDUM
Something that is added or to be added; a list or section consisting of added material; an addition to a written document.

ADJUDICATION
The determination of a controversy or issues in a lawsuit and pronouncement of judgment based on evidence developed through a fact finding process, either judicial or administrative. The equivalent of a "determination."

AFFIDAVIT
A written statement of facts, sworn and signed, by an AFFIANT before someone who has authority to administer an OATH.

AFFIRMATIVE DEFENSE
A defense that introduces new matter which, if the complainant's or plaintiff's contentions are true, consitiutesa defense to the complaint. AFFIRMATIVE DEFENSE goes beyond the mere denial of the complainant's allegation. It deals with the complainant's legal right to bring an action.

AFFIRMATIVE DEFENSE (TO SEXUAL HARASSMENT)
After Farragher v. Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), an employer may be able to defend itself against an allegation of harassment by establishing specific facts.

AGGRIEVED PERSON
This term encompasses two regulatory concepts. First a person has to identify a basis that is covered by an applicable statute. Second, the event which the person believes is discriminatory must rise to a certain level of injury.

ALLEGATION
The contention of a party to a lawsuit or complaint, setting forth what he or she expects to prove.

ALLEGED DISCRIMINATING OFFICIAL (ADO)
The person who allegedly discriminated against the complaint in a Federal-sector EEO complaint.

ALTERNATIVE DISPUTE RESOLUTION (ADR)
Procedures for settling disputes by means other than litigation that are less costly and more expeditious.

AMEND
To improve; to change for the better by changing, correcting or revising; to alter so as to correct a defect in a document.

AMERICANS WITH DISABILITIES ACT (ADA)
The Federal statue prohibiting discrimination against individuals with a disability in employment, public transportation, telecommunications services and public accommodations and services. 42 U.S.C. § 12101-12213 (1991).

ANONYMITY (ANONYMOUS)
Having or giving no name; of unknown source. This is the right a person has in the INFORMAL PROCESS, but this entitlement does not exist once a complainant has filed a FORMAL COMPLAINT .

ANSWER
The DEFENDENT'S principal pleading in response to the PLAINTIFF'S complaint.

APPEAL
A request for a review by a higher authority of a decision made by a lower authority.

APPEALABLE ACTION
A personnel action which can be APPEALED to the MERIT SYSTEMS PROTECTION BOARD.

APPLICANT
For the purpose of Federal sector EEO processing, a person who seeks employment with a Federal agency covered by 29 C.F.R. Part 1614. See 29 C.F.R. § 1614.103(c).

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BASIS
In employment law, BASIS refers to the protected class(es) alleged by the complainant.

BENCH DECISION
A decision issued by an ADMINISTRATIVE JUDGE (AJ) which is read into the record instead of a separate written decision. This kind of decision has exactly the same force as a written decision and provides the AJ a shortcut in terms of issuing a decision.

BONA FIDE OCCUPATIONAL QUALIFICATION (BFOQ)
The statutory provision, 42 U.S.C. § 2000e-2(e), that permits discriminatory practices in employment if a person's RELIGION, SEX or NATIONAL ORIGIN is a BFOQ if reasonably necessary to the normal operation of that particular business or enterprise. The actual qualification for performing the job is called BFOQ. 29 C.F.R. §§ 1625.6 and 1606.4.

BREACH OF SETTLEMENT AGREEMENT
A party's failure to perform some contracted for or agreed upon act or failure to comply with a duty in which there is an agreement to perform.

BURDEN OF PROOF
The duty of a party to substantiate an allegation or issue either to avoid dismissal or convince the trier of fact as to truth of the claim.

BUSINESS NECESSITY
The requirements that an agency must establish that a particular test or selection criteria is necessary for a legitimate business goal or aim.

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CALENDAR DAYS
The days which are counted for the purposes of determining timely filings. CALENDAR DAYS, not work days, are counted in 29 C.F.R Part 1614.

CERTIFICATE OF SERVICE
A certificate prepared by the party submitting the document that verifies that a copy of the document has been properly given to the opposing party.

CIVIL ACTION
A suit entered into for the purpose of enforcing a civil or personal private right.

CIVIL RIGHTS ACT OF 1964
42 U.S.C. § 2000; statue prohibiting employment discrimination on the bases of race, color, religion. sex, national origin, or retaliation.

CIVIL RIGHTS ACT OF 1991
Amendments to the CIVIL RIGHTS ACT OF 1964, which made substantial changes to the BURDENS OF PROOF. The amendments also added COMPENSATORY DAMAGES as a remedy and provided for jury trials.

CIVIL RIGHTS SERVICE REFORM ACT OF 1978
Major reform to the Federal CIVIL SERIVICE system in 1978 that created the MERIT SYSTEMS PROTECTION BOARD (MSPB) and the FEDERAL LABOR RELATIONS AUTHORITY (FLRA), and transferred the EEO complaint system to the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC).

CLAIM
An assertion of a right to remedy, relief, property; often synonymous with a CAUSE OF ACTION.

CLASS ACTION
An action brought on behalf of the complainant and other persons having a common interest in subject of action.

CLASS AGENT
The class representative or member who acts for the class during the process of a CLASS COMPLAINT. 29 C.F.R § 1614.204(a)(3).

CLASS COMPLAINT
An action brought on behalf of the complainant and other persons having a common interest in subject matter of action.

COLOR
One of the BASES protected under TITLE VII; pertains to skin color.

COMMONALITY
The term given to the requirement of Federal Rules of Civil Procedures Rule 23 that there must be a common QUESTIONS OF FACT to the CLASS members in a CLASS ACTION. See, 29 C.F.R. § 1614.204(a)(2).

COMPARABLE WORTH
A theory under the EQUAL PAY ACT that people doing different jobs that are roughly equal worth to an employer should be paid the same wage, regardless of sex. A type of wage discrimination CLAIM based on the employer's use of different criteria in establishing wage rates for males and female dominated jobs. The EQUAL PAY ACT requires equal pay for the same or a comparable job.

COMPENSATORY DAMAGES
Relief awarded for purpose of making injured party whole.

COMPLAINANT
The person who initiates a COMPLAINT during the EEO process or a CAUSE OF ACTION in court. In the court setting, the term is synonymous with PLAINTIFF or PETITIONER. In the administrative process, this term refers to the employee or applicant who has filed and is pursuing an EEO COMPLAINT.

COMPLAINT
A statement of the initiating party's claim and grounds. Performs the function of giving the adverse party notice of the claims asserted against it, rather than to narrow the issues or give notice of precise factual basis of the person's claim. The first pleading of the initiating party setting out facts on which the claim for relief is based.

CONSTRUCTIVE DISCHARGE
A resignation which is caused or coerced by discrimination.

CONSTRUCTIVE NOTICE
The agency's rebuttal of the complaint's claim that he/she was unaware of the applicable time limits in the EEO process. The agency attempts to show actual or constructive notice of the time limits. It is the Commission's policy that CONSTRUCTIVE NOTICE will be imputed to an employee when an employer has fulfilled its obligation to put that employer on notice of the timeframes.

CONTINUING VIOLATION
In law in general, this term means existing for a definite period or intended to cover or apply to successive similar obligations or occurrences; not terminated by a single act or fact.

COUNSELING, EEO
The required first step in the EEO complaint process and an essential part of the Federal system for processing and resolving employee and applicant EEO concerns. The EEO counselor informs complainants of their rights and responsibilities, determines what claims are being raised, makes an effort to resolve the claims at the lowest possible level, and prepares a report to document outlining the information gathered and the actions taken.

COUNSELOR'S REPORT
A report prepared by the EEO COUNSELOR covering the counseling activity during the relevant period; this is a necessary document in the complaint file and it is prepared only after the FORMAL COMPLAINT is filed.

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DISCOVERY
A pre-hearing procedure by which one party gains information held by another party. The purpose of this device is to allow each party to know as far as it may properly be known, the exact position occupied by the opponent and precise nature of every document likely to strengthen or weaken that position.

DISMISSAL, NOTICE OF PROPOSED
A procedural device whereby an agency issues a notification to a complainant warning that a failure to respond can result in the dismissal of the complainant's complaint. A notice of proposed dismissal is issued if a complainant cannot be located or is not responding to efforts to move a complaint forward in the EEO process.

DISPARATE TREATMENT
Differential treatment of employees or applicants on a basis that is protected under employment discrimination laws. DISPARATE TREATMENT is the predominant legal theory in Federal-sector EEO complaints and is frequently proven by using the McDonnell Douglas v. Green, 411 U.S. 792 (1973), analytical framework.

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ELECTION
In terms of the Federal sector, the act of choosing or selecting one or more forums to pursue one's EEO rights.

EQUITABLE TOLLING
The just removal of a BAR relative to a limitation period. The act of excusing justified untimeliness.

ESTOPPEL
A BAR or preclusion; where a person has done some act which the policy of law will not permit him to gainsay or deny.

EXHAUSTION OF ADMINISTRATIVE REMEDY
A legal doctrine that courts will not interfere or review an administrative decision or process until the available administrative channels of review have been utilized. Where an ADMINISTRATIVE REMEDY is provided by statue, relief must first be sought in all available agency administrative procedures before resorting to courts for relief.

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FACILITATION, FACILITATOR
An ADR technique of resolving conflict that focuses on improving the information flow between the parties.

FACT FINDER
In judicial or administrative proceeding, the person responsible for hearing witnesses and for determining the RELEVANT FACTS to resolve the case.

FAILURE TO COOPERATE
A complainant's failure to comply with an affirmative obligation to avoid undue delay and to actively participate in the EEO complaint process.

FAILURE TO STATE A CLAIM
Failure of PLANTIFF to allege sufficient facts in the complaint to maintain action, thus, even if the PLAINTIFF proves all the facts alleged in the complaint, the facts would not establish a CAUSE OF ACTION entitling the PLAINTIFF to recover against the DEFENDANT.

FAIR LABOR STANDARDS ACT
Law amended when President Obama signed the Patient Protection and Affordable Care Act, H.R. 3590, on March 23, 2010 and the Reconciliation Act of 2010, the Fair Labor Standards Act (FLSA) of 1938 (29 U.S. Code 207) to require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express milk . The employer is not required to compensate an employee recieving reasonable break time for any work time spent for such purpose. The employer must also provide a place, other than a bathroom, for the employee to express milk. If these requirements impose undue hardship, an employer that employs less that 50 employees is not subject to these requirements. Furthermore, these requirements should not preempt a state law that provides greater protections for employees. For more information, see the U.S. Department of Labor's Fact Sheet on Break Time for Nursing Mothers under the FLSA.

FINAL ACTION
A term used by the Commission in the newest version of the regulations to mean the agency's action after the ADMINISTRATIVE JUDGE'S decision. It is used interchangeably with the "FINAL ORDER."

FINAL AGENCY DECISION (FAD) (ALSO KNOWN AS THE FINAL DECISION)
The last step in the EEO complaint process whereby the agency issues a final disposition of the complaint, subject to appeal to the Commission.

FINAL INTERVIEW
The last step of the COUNSELING process whereby the COUNSELOR provides written notification that the process is over as well as written notification of the complainant's rights.

FINAL ORDER
A term used by the Commission in the newest version of the regulations to mean the agency's action decision after the ADMINISTRATIVE JUDGE'S decision. It is used interchangeably with "FINAL ACTION."

FORMAL COMPLAINT
The written form, filed after the counseling stage, which starts the formal EEO complaint process.

FRAGMENTING
Components of a single claim or related claims that have been disconnected during processing. This happens when an agency accepts some allegations and dismissing others or when a complainant files separate complaints about related incidents.

FULL RELIEF
All the relief a victim of discrimination would receive to make the individual whole if discrimination were found.

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GENDER NEUTRAL
Practice or policy, not dependent upon a person's GENDER, which dictates a certain action.

GENETIC INFORMATION NON-DISCRIMINATION ACT OF 2008 (GINA)
Law that makes it illegal to discriminate against employees of applicants because of genetic information. Effective November 21, 2009, Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and stricly limits the disclosure of genetic information.

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HANDICAP
The original terminology of the REHABILITATION ACT OF 1972 AND 1974. The term is defined by statue and regulations. Later replaced by the term 'DISABILITY'.

HARASSMENT
Vexation, trouble or annoyance, as with anxieties burdens of misfortunes.

HEARING
A proceeding wherein EVIDENCE is taken for the purpose of determining an issue of FACT and reaching a decision on the basis of the evidence.

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INFORMAL COMPLAINT
Refers to the informal processing of allegations with the participation of the EEO COUNSELOR.

INQUIRY, EEO COUNSELOR
The term used to refer to the gathering of FACTS performed by the EEO COUNSELOR, as opposed to the INVESTIGATION done by the INVESTIGATOR.

INTERROGATORIES
A DISCOVERY tool in which one party's written questions are served on the adversary, who must provide written replies under oath.

INVESTIGATION
The process of inquiring into or tracking down through inquiry, inspection, observation and search.

INVESTIGATOR
A person authorized by an agency to conduct an inquiry into a complaint of discrimination.

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JURISDICTION
The power to hear and determine a case; the term of large and comprehensive import generally denotes lawful authority of a body to exercise power.

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MEDIATION
A method of settling disputes outside a court setting; imposition of a neutral third party to act as a link between the parties, but who does not have the power to impose a decision on the parties.

MIXED CASE
A case involving a personnel action that is APPEALABLE to the MERIT SYSTEMS PROTECTION BOARD and includes allegations of discrimination.

MOOT CASE
When a judgment cannot have any practical legal effect upon a legal CONTROVERSY; no actual CONTROVERSY or where the issues have ceased to exist.

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NATIONAL ORIGIN
Refers to the country where a person was born or where the person's ancestors derived.

NEUTRALS
A method of ALTERNATIVE DISPUTE RESOLUTION that uses an IMPARTIAL person to help the parties resolve their differences.

NUMEROSITY
The term given to the requirement that a potential class includes such a large number of individuals that consolidation of individual complaints would be impractical.

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OFFICIAL TIME
In the EEO system, the time on the job used to prepare or represent someone during the EEO process.

OFFICE OF FEDERAL OPERATIONS (OFO)
The office within the Equal Employment Opportunity Commission responsible for drafting and issuing decisions on APPEALS. The OFO is also responsible for obtaining compliance with EEOC's orders.

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PART 1614
The EEOC's substantially revised Federal sector complaint processing regulations that were issued in 1992 and replaced PART 1613. Amended and modified in 1999, effective November 9, 1999, 64 Fed. Reg. 37643.

PARTIALLY DISMISSED COMPLAINT
When the agency has dismissed some of the allegations in a FORMAL COMPLAINT.

PRE-COMPLAINT PROCESSING
The procedural processing of an EEO COMPLAINT prior to the filing of the FORMAL complaint. This stage, often referred to as an INFORMAL COMPLAINT, involves assigning an EEO counselor, going through counseling, and receiving a notice of right to file a FORMAL COMPLAINT. This procedural step is a necessary prerequisite for filing a FORMAL COMPLAINT.

PREPONDERANCE OF THE EVIDENCE
General STANDARD OF PROOF in civil cases; the degree of proof that will lead the TRIER OF FACT to find that the existence of the FACT in issue is more probable than not.

PRETEXT
Ostensible reason or motive assigned or assumed as a cover for the real reason or motive for an action; false appearance, pretense.

PRIMA FACIE CASE
Not requiring further support to establish existence, validity, CREDIBILITY; a case sufficient on its face being supported by at least the requisite minimum of EVIDENCE; in absence of contradictory EVIDENCE; a case which has proceeded upon sufficient PROOF to that stage where it will support a finding if EVIDENCE to the contrary is disregarded; evidence necessary to require the DEFENDANT to proceed with its case.

PUNITIVE DAMAGE
DAMAGES in excess of actual loss where a TORT is aggravated by evil motive or actual malice. PUNITIVE DAMAGES are in addition to COMPENSATORY DAMAGES and are issued in the interest of society as a punishment and as a warning and example to deter the DEFENDANT and others from committing similar offenses.

PURVIEW
Conduct that properly comes within the scope, purpose, operation or effect of a statute.

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QUALIFIED DISABLED PERSON
An individual who is disabled under the terms of the REHABILITION ACT and is qualified for the position at issue with or without reasonable accommodation.

QUID PRO QUO
Something for something; used in law to describe the giving of one valuable thing for another. In Federal sector, this term issued to describe a particular kind of HARASSMENT whereby the employee is forced to submit to certain conduct in exchange for some employment benefit.

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RACE
Physical characteristics, such as skin color, hair texture and the shape of facial features, that distinguishes human beings.

REASONABLE ACCOMMODATION (DISABILITY)
Provisions that allow an employee to work at a position despite the limitations of disability.

REASONABLE ACCOMMODATION (RELIGION)
An employer's obligation to attempt to provide a way for an employee to meet an employee's religious needs and obligations that conflict with work duties.

REASONABLE WOMAN STANDARD
Standard by which conduct may be measured in cases where a female party's
GENDER is RELEVANT.

RECONSIDERATION, REQUEST FOR
A procedural right by which either party can ask the Commission to review its own prior decision.

REHABILITATION ACT
The Federal statute originally passed in 1972 which, inter alia, vastly extended employment opportunities to the disabled. 29 USC § 791 et seq. This statute is the foundation of the law protecting Federal employees with disabilities from discrimination.

RELIGIOUS DISCRIMINATION
Discrimination based on one's religious beliefs, observations and affiliation or, conversely, one's lack of religious beliefs.

REMEDY
The term describes how an injury or violation of a right is redressed or compensated for; any right to which an aggrieved party is entitled with or without resort to tribunal.

REPORT OF INVESTIGATION (ROI)
The complete investigative file produced by the investigator of an EEO complaint.

REPRESENTATIVE
A person who represents another or stands in the place of another; one who acts on behalf of another with authority.

REPRISAL
Any action taken by one person against another, either out of spite or in RETALLIATION for an assumed or real wrong. In an EEO complaint, this term refers to an unfavorable action taken against a person because of that person's prior EEO activity.

RESOLUTION
The solving of an outstanding problem or issue.

RESPONSIBLE MANAGEMENT OFFICIAL (RMO)
The person named by the COMPLAINANT as the individual responsible for the alleged discrimination. A management official alleged to have perpetrated the discrimination at issue.

RETALIATION (REPRISAL)
Discrimination based on a person's prior EEO activity, including (1) opposing any practice made unlawful by the applicable statutes: or (2) participating in any stage of administrative or judicial proceeding under these statutes. 29 C.F.R. § 1614.101(b).

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SETTLEMENT AGREEMENT
An agreement between parties which officially disposes of their dispute. The agreement becomes a contract, and the attendant rights and obligations apply between the parties.

SEX DISCRIMINATION
Discrimination based on gender.

SEXUAL HARASSMENT
Type of employment discrimination, which includes sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

SEXUAL ORIENTATION
A term used to describe an individual's choice of sexual partner(s), such as heterosexual or homosexual.

SPEAK-ENGLISH-ONLY RULE
A workplace rule that requires employees to speak only English on the job.

SPIN-OFF COMPLAINTS
Allegations by a complainant about the procedural processing of a prior EEO complaint. These kinds of complaints are no longer processed as separate complaints, but remain an area of concern of EEOC.

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TITLE VII
This section of the CIVIL RIGHTS ACT OF 1964 prohibits discrimination in employment in the United States on the bases of race, color, sex, national origin, religion, or retaliation. This section also created the Equal Employment Opportunity Commission to implement an equal opportunity policy by working with local agencies. EEOC was empowered to pay the expenses of WITNESSES before the Commission and to help conciliate employers and labor organizations. EEOC can also offer technical assistance to further compliance with law to employers, local agencies and unions. The Commission is composed of five members, appointed by the President and approved by the Senate for five year-terms. No more than three of the five members may belong to the same political party. 42 U.S.C. § 2000e-4 et seq.

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UNDUE HARDSHIP (DISABILITY)
Significant difficulty or expense which, when taken into account with the resources and mission of the agency, may excuse the agency from providing ACCOMMODATION to an individual with a DISABILITY such that the individual could perform the ESSENTIAL FUNCTIONS of a position.

UNIFORM SELECTION GUIDELINES
Guidelines developed by the EEOC to proscribe what employers were permitted to use as preemployment tests to select employees. Congress authorized the use of "any professionally developed ability test provided that such test, its administration or action upon the results is not designed, § 2000e(2)(h), Section 703(h). If a selection procedure has an ADVERSE IMPACT, the employer has to demonstrate through validation that the selection procedure is related to the performance of the job. These procedures are codified in 29 C.F.R. § 1607.

UNTIMELY
The filing of a complaint or document after the time limit set by EEOC regulations. There are numerous time frames in the Federal sector EEO COMPLAINT process. The consequence of not meeting these deadlines where appropriate is the DISMISSAL of the complaint unless the agency extends the time limits through the operation of WAIVER, ESTOPPEL, and EQUITABLE TOLLING.

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VENUE
The particular geographical area in which a court or administrative body may hear and decide a case. It relates only to the place where either party may ask for the case to be tried. VENUE is based on the convenience of litigants and may be WAIVED or put aside by the consent of parties.

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WRITTEN INTERROGATORIES
A DISCOVERY device whereby written questions are given to the opposing party for written responses.