{"id":4696,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/employment-discrimination-and-harassment-dictionary.html"},"modified":"2024-06-06T04:55:22","modified_gmt":"2024-06-06T09:55:22","slug":"employment-discrimination-and-harassment-dictionary","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/employment-discrimination-and-harassment-dictionary.html","title":{"rendered":"Employment Discrimination and Harassment Glossary"},"content":{"rendered":"\n
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Employment Discrimination and Harassment Glossary<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The realm of employment discrimination<\/a> and harassment<\/a> has its own language and jargon. Small business owners can use help navigating the terms used in workplace discrimination. This FindLaw glossary explains common terms and phrases in discrimination and harassment claims.<\/p>\r\n

ADA: <\/b>The Americans with Disabilities Act<\/a> (ADA). This law protects those with disabilities from discrimination. It covers employment, education, and access to public accommodations. The ADA defines "disability" and creates reasonable accommodations<\/a> and healthcare policies.<\/p>\r\n

ADEA: <\/b>The Age Discrimination in Employment Act<\/a> (ADEA). This federal law bans age discrimination for workers over 40. The ADEA only affects employers with more than 20 employees.<\/p>\r\n

At-will:<\/b> "At-will<\/a>" employment allows employers and employees to end a working relationship. Anti-discrimination laws cover at-will employees.<\/p>\r\n

BFOQ:<\/b> Short for the phrase "bona fide occupational qualification<\/a>." A qualification that discriminates for a legitimate business need. The most common examples are age (such as mandatory retirement age for pilots) and religion. A business must have a clear policy for such a qualification.<\/p>\r\n

Complainant:<\/b> The person bringing a claim of discrimination or harassment. If the matter goes to a court of law, the complainant<\/a> may be referred to as the plaintiff<\/a> or the petitioner.<\/p>\r\n

Constructive termination:<\/b> Sometimes known as "constructive dismissal<\/a>." This situation may follow a harassment claim. The worker voluntarily resigns because working conditions have become intolerable. The employer avoids a retaliation claim because the worker was not fired. Related to wrongful termination<\/a>.<\/p>\r\n

Department of Labor:<\/b> The U.S. Department of Labor<\/a> sets minimum wage and hour laws and oversees employee benefits. States have their own labor departments that oversee workplace harassment reports.<\/p>\r\n

Disability: <\/b>The ADA defines a disability as any of the following:<\/p>\r\n