Dictionary: Employment Discrimination and Harassment

Despite laws to prevent employment discrimination, it remains a problem in the United States. In 2022, the U.S. Equal Employment Opportunity Commission (EEOC) reported it resolved over 65,000 discrimination charges. The EEOC is the federal agency charged with enforcing several employment discrimination laws.

Those laws make it illegal to make employment decisions or take employment actions based on a job applicant or employee's race, color, religion, sex, national origin, age, disability, or genetic information. These forms of discrimination and unfair employment practices are illegal.

The law bans discrimination in every aspect of employment, including:

• Working conditions
• Work performance
• Terms and conditions of employment
• Privileges of employment
• Job advertisements
• Recruitment
• Job assignments and promotions
• Pay
• Benefits
• Background checks

As with many other legal topics, employment discrimination and harassment have their own language. The following are some common terms and phrases that often arise in discrimination and harassment claims.

ADA: Short for the Americans with Disabilities Act, the ADA protects those with disabilities from discrimination in many aspects of life. This protection includes employment, education, and access to public accommodations.

ADEA: Short for the Age Discrimination in Employment Act of 1967, the ADEA is a federal law prohibiting age discrimination for workers over 40. Only employers with more than 20 employees must follow the ADEA.

AG: This is short for attorney general, usually the U.S. Attorney General. The AG often gets involved in discrimination and harassment claims. In some situations, the AG's office can file suit for a victim of discrimination or harassment.

At-will: This term describes many employment relationships. At-will means an employee can get fired for any reason or no reason at all. But even an at-will employee has the protection of anti-discrimination laws. If an employee gets fired in violation of anti-discrimination laws, they may be able to file suit against the former employer.

B.F.O.Q.: Short for the phrase "bona fide occupational qualification," a B.F.O.Q. may absolve an employer from liability for discrimination. A B.F.O.Q. is when there is a legitimate reason to require, for example, that all the employees working a particular job be of the same sex or age. The successful use of a B.F.O.Q. defense is rare.

Complainant: A term used to describe a person claiming discrimination or harassment. If the matter proceeds to a court of law, the complainant becomes the plaintiff or the petitioner.

Discriminate: To discriminate against someone or a group of people means to treat them differently or less favorably. Discrimination can happen in a public place, at work, or school. For example, employment discrimination can be based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), genetic information, or marital status.

EEOC: The Equal Employment Opportunity Commission is a part of the federal government responsible for investigating and hearing claims of workplace discrimination or harassment. Usually, an alleged victim of workplace discrimination or harassment must file a claim with the EEOC before initiating a private lawsuit.

ER: Short for "employer," ER is often used when discussing workplace harassment or discrimination claims.

FMLA: Short for the Family and Medical Leave Act, which applies to employers who have more than 50 employees on their payroll. The FMLA bans employers from discriminating against employees who take time off work to care for certain medical needs. These can be their own needs or to care for their family members, including newborn and adopted children.

Hostile work environment: A hostile work environment is where the presence of demeaning or sexual photographs, jokes, threats, or atmosphere is so pervasive that it creates an intimidating and offensive work environment. A hostile work environment can be the basis for a sexual harassment claim.

Protected class: A group of people the legislature intends to protect by a statute.

Quid pro quo: A Latin phrase meaning "something for something." Quid pro quo is a type of sexual harassment in which the harasser asks for a sexual favor in return for providing an employment benefit. An example is a raise, continued employment, or other favorable treatment.

Reasonable accommodations: A change in the work environment or how things are customarily done that enables a person with a disability to enjoy equal employment opportunities.

Same-sex harassment: The type of harassment that happens when a man sexually harasses a man or a woman sexually harasses a woman. Harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Sex discrimination: Discriminating against a person means treating someone unfavorably because of that person's sex. That includes the person's sexual orientation, gender identity, or pregnancy status.

Title VII: Short for Title VII of the Civil Rights Act of 1964, which bans, among other things, discrimination in employment on the basis of race, color, national origin, religion, and sex.

Hire a Lawyer To Help With Your Discrimination Case

If you've suffered harassment or discrimination in the hiring process or on the job, contact an experienced discrimination lawyer. They can help you decide if you want to file suit.