Diversity Dictionary
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A B C D E F G H I J K L M Abbreviation Guide These words and phrases are used within federal, state, and local civil rights agencies. This is provided to gain a common understanding of the terms. 38 U.S.C. §4212 The affirmative action and nondiscrimination provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended. In this Manual, sometimes shortened to "Section 4212." Prior to 1991, when it was redesignated, the law was referred to as "38 U.S.C. §2012. Accessibility The extent to which a contractor's facility is readily approachable and usable by individuals with disabilities, particularly such areas as the personnel office, worksite and public areas. Accommodation See "Reasonable Accommodation," "Undue Hardship," and "Religious Accommodation." Act As used in this Manual, provisions enforced by OFCCP of: (a) The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (P.L. 93-580, 88 Stat. 1593, 38 U.S.C. 4212), as amended (previously referred to as "Section 402" or, until 1991 amendments, "38 U.S.C. 2012"); or (b) The Rehabilitation Act of 1973 (P.L. 93-112, 87 Stat. 393, 29 U.S.C. 793), as amended. Administering Agency Any department, agency or establishment in the Executive branch of the Government, including any wholly-owned Government corporation, that administers a program involving federally assisted construction contracts. See 41 CFR 60-1.3 Administrative Complaint The document that begins an administrative enforcement proceeding under Executive Order 11246, Section 503, or 38 U.S.C. 4212. Administrative Law Judge (ALJ) The presiding official at administrative enforcement proceedings under 41 CFR Part 60-30. Also see 41 CFR 60-1.26(c), 60-250.29(b) and 60-741.29(b). Administrative Procedure Act A law enacted by Congress in 1946. It establishes basic requirements to which an administrative process must conform. It includes standards for rulemaking, for certain formal adjudication, and for court reviews of certain administrative actions. Adverse Impact A substantially different rate of selection in hiring, promotion, transfer, training, or other employment related decisions for any race, sex, or ethnic group. A finding of adverse impact by itself, does not establish a violation device in question based on job relatedness or business necessity. See definition of disparate impact. See also Chapter 7 of this manual. Affected Act A group of persons, identifiable by name or characteristics, who are the victims of a pattern or practice of discrimination. Affirmative Action Actions, policies, and procedures to which a contractor commits itself that are designed to achieve equal employment opportunity. The affirmative action obligation entails: (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible, and (2) recruitment and outreach measures. See Manual Section 2A02(b). Affirmative Action Clause The clauses set forth in 41 CFR 60-250.4 and 41 CFR 60-741.4 that must be included in Federal contracts and subcontracts. These two clauses outline the affirmative action requirements for special disabled veterans, Vietnam era veterans (41 CFR 60-250.4) and individuals with handicaps (41 CFR 60-741.4). The clauses are a part of covered contracts regardless of whether they are physically incorporated into the contract and whether the contract is written. See also definition of "Equal Opportunity Clause." Affirmative Action Program (AAP) A written program, meeting the requirements of 41 CFR Part 60-2, 60-250.5 or 60-741.5, in which a contractor annually details the steps it will take and has already taken, to ensure equal employment opportunity. Aggregate Workforce A construction contractor's total workforce in each trade on all construction work including Federally funded or assisted projects and all nonfederal projects within a designated geographical area established under 41 CFR 60-4.6. See definition of "Covered Area." American Indian-Alaskan Native A person with origins in any of the original peoples of North America who maintains cultural identification through tribal affiliation or has community recognition as an American Indian or Alaskan Native. Anecdotal Evidence Oral or written narrative evidence. A short account of some happening, usually personal. (For example, interview or written statements given to an investigator that record personal experiences of employees can be anecdotal evidence of discrimination.) Anti-nepotism Policy A policy or practice that limits the simultaneous employment of two or more members of the same family. Applicant Flow Log A chronological compilation of applicants for employ-employment or promotion, showing the persons categorized by race, sex and ethnic group, who applied for each job title (or group of job titles requiring similar qualifications) during a specific period. Apprenticeship A system of indenture or other agreement, written or implied, to train a person in a recognized trade or craft in accordance with specified standards. Asian-Pacific Islander A person with origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Republic and Samoa; and, on the Indian Subcontinent, includes India, Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim and Bhutan. Availability The availability of minorities or women for a job group means the percentage that minorities or women are among persons in the relevant labor area and/or internal feeder pools having the requisite qualifications to perform the positions included in the job group. The term is broad enough to include any factor that is in fact relevant to determining the availability of individuals for the jobs in the job group. Avail-ability figures are used in determining whether to find underutilization, and, where a goal is established, in determining the level of the goal. In determining availability for a job group, a contractor must consider at least each of the factors specified in 41 CFR 2.11(b). However, a contractor need not actually use each of these factors in reaching its availability estimate. Only the factors that are relevant to the particular job group should be used. For example, availability for jobs in a job group filled by promotion from within, or requiring specialized skills, would not be based on general area population, workforce, or unemployment factors. In addition to the factors specified in 41 CFR 2.11(b), a contractor may consider any other relevant factor in determining availability. See Manual Section 2G05. Back Pay Compensation for past wage and benefit losses caused by a contractor's discriminatory employment practices or procedures. Lost wages include, e.g., overtime, incentive pay, raises, bonuses economic loss includes compensatory damages. See also "fringe benefits." Bargaining Agreement Also referred to as collective bargaining agreement and sometimes known as labor-management agreement or union contract. These terms refer to an agreement between an employer and a union establishing wages, hours, and other terms and conditions of employment for employees in the bargaining unit represented by the union. Black An individual, not of Hispanic origin, with origins in any of the Black racial groups of Africa. Bona-Fide Occupational Qualification (BFOQ) A defense allowing an employer to limit a particular job to members of one sex, religion, or national origin group. The courts have held that the statutory BFOQ provision in Title VII is a very narrow exception to the general prohibition against discrimination on the basis of those characteristics. In enforcing the Executive Order, OFCCP follows Title VII principles regarding the BFOQ exception. An employer claiming that sex is a BFOQ for a job must show that all or substantially all members of the excluded sex are incapable of performing the duties of the job and that failure to allow the exclusion would undermine the "essence" (i.e., the central purpose or mission) of the employer's business. Race cannot ever be a BFOQ for any job. Bona-Fide Seniority System A seniority system that was not created and is not maintained for the purpose of discriminating on the basis of a prohibited factor. Bumping Rights Rights of an employee to displace another employee due to a layoff or other employment action as defined in a collective bargaining agreement or other binding agreement. Business Necessity An defense available when the employer has a criterion for selection that is facially neutral but which excludes members of one sex, race, national origin or religious group at a substantially higher rate than members of other groups (thus creating adverse impact). The employer must prove that its requirement having the adverse impact is job-related and consistent with business necessity. See Manual Section 7E08. Civilian Labor Force The aggregate of the persons classified as employed and as unemployed in accordance with the criteria established by the Bureau of the Census and the U.S. Department of Commerce. See "Employed" and "Unemployed." Cohort Analysis A comparison of the treatment of similarly situated individuals or groups. Collateral Estoppel A bar to relit gating an issue that has already been litigated between the same parties or certain closely related persons (sometimes known as privies). Under collateral estoppel, when an issue has been contested and finally resolved in litigation involving the parties, that resolution of the issue is binding on future litigation involving the two parties (or their privies). Collective Bargaining Agreement See "Bargaining Agreement." Comparative Evidence Nonstatistical evidence that compares the contractor's treatment of individuals of one group (e.g., race) with its treatment of similarly situated individuals of other groups. Also see "Statistical Evidence" and "Anecdotal Evidence." Complaint A written charge filed with OFCCP by an employee, former employee, applicant for employment or by a third party alleging specific violations of the Executive Order, Section 503 or 38 U.S.C. §4212. Compliance Meeting the requirements and obligations imposed by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, 38 U.S.C. §4212, and their implementing regulations. Conciliation Discussions between OFCCP and a contractor to resolve findings of noncompliance. Conciliation Agreement (CA) A binding written agreement between a contractor and OFCCP that details specific contractor commitments to resolve the alleged violations set forth in the agree-agreement. Construction Contract Any contract for the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings or highways, or other changes or improvements to real property, including facilities providing utility services. Construction Site The general physical location of any building, highway or real property undergoing construction, rehabilitation, alteration, conversion, extension, demolition, repair, or any other change or improvement, and any temporary location or facility at which a contractor or other participating party meets a demand or performs a function relating to the contract or subcontract. See "Site of Construction," 41 CFR 60-1.3. Construction Work The construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings or highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction. See 41 CFR 60-1.3. Constructive Discharge An employee's involuntary resignation resulting from the employer making working conditions for the employee so intolerable that a reasonable person would have felt compelled to resign. OFCCP will assert that an employee was constructively discharged in violation of the Executive Order, Section 503, or 38 U.S.C. §4212 where it finds that (1) a reasonable person in the employee's position would have found the working conditions intolerable; (2) the employer's conduct which constituted the violation against the employee created the intolerable working conditions; and (3) the employee's involuntary resignation resulted from the intolerable working conditions. Continuing Violation The continuing violation theory has been analyzed as encompassing three separate sub-theories, each applicable to distinct fact situations: (1) a series of individual related discriminatory acts, at least one of which must have occurred within 2 years prior to the notice of a compliance review, or 180 days before the filing of a complaint of employment discrimination; (2) systemic discrimination where the employer has maintained a policy or practice which discriminates against a class of individuals; and, (3) present effects of past discrimination--where an individual or a class is suffering the residual effects of discriminatory conduct which occurred prior to the limitation period but was not the subject of a timely charge. (In recent years, OFCCP has not applied the present effects of past discrimination theory.) Contract Any "Government Contract" or, for the Executive Order, any "Federally Assisted Construction Contract." Contract Cancellation The termination of a Federal contract before its expiration date. Contract cancellation is one of the sanctions authorized, in appropriate cases, for violations of the Executive Order, Section 503, or 38 U.S.C. §4212. Compare "Debarment;" "Contract Suspension." Contract Suspension The temporary interruption of a Federal contract by order of the appropriate authorities. Contract suspension is one of the sanctions authorized, in appropriate cases, for violation of the Executive Order, Section 503 or 38 U.S.C. §4212. Compare "Contract Cancellation;" "Debarment." Contracting Agency For purposes of the Executive Order, Section 503 and 38 U.S.C. §4212, a contracting agency is any department, agency, establishment or instrumentality of the United States (under the Executive Order, limited to the executive branch of the Government), including any wholly owned Government corporation, which enters into contracts. See 41 CFR 60-1.3, 60-250.2, and 60-741.2. Contractor A contractor as described below, is: (a) Prime contractor. Any person holding, and for enforcement purposes any person who has held, a contract subject to the Executive Order, Section 503 or 38 U.S.C. §4212. (b) Subcontractor. Any person holding, and for enforcement purposes any person who has held, a subcontract subject to the Executive Order, Section 503 or 38 U.S.C. §4212. See definition of "Subcontract." (c) First-tier subcontractor. A subcontractor holding a subcontract with a prime contractor. Covered Area The geographical area, Economic Area (EA) or Standard Metropolitan Statistical Area (SMSA), designated in the Federal Register by the Secretary of Labor where a Federal or federally assisted construction project is being performed. See 45 FR 65976, 65984, Appendix B-80, October 3, 1980. Criteria Identification/Criteria Verification The process of obtaining the contractor's stated criteria for a selection decision(s) (usually through interviewing selecting officials and examining any relevant contractor documents), and then determining whether the stated criteria explain the actual selection decisions (usually through reviewing applications/ files of persons selected and not selected). Debarment An order declaring a contractor ineligible for the award of future contracts. Debarment is one of the sanctions that may be imposed upon a contractor who is found to be in violation of the Executive Order, Section 503, or 38 U.S.C. §4212. Deficiency Failure to fulfill a requirement of the Executive Order, Section 503 or 38 U.S.C. §4212, including implementing rules, regulations and orders. See "Violation." (The terms deficiency and violation often are used interchangeably.) Deposition A type of pre-trial discovery. (See "Discovery.") An oral deposition is the examination, under oath, by the lawyer for one party of a person (such as a potential witness for the other party) who is believed to have knowledge of facts or circumstances relevant to the matter in litigation. A transcript of the examination is made and can be used at trial for some purposes. Dictionary of Occupational Titles A publication of the Employment and Training Administration, U.S. Department of Labor, that classifies more than 12,000 occupations based on their duties and commonly required qualifications. Director The Director of the Office of Federal Contract Compliance Programs of the United States Department of Labor. Direct Evidence of Discrimination A method of proof in which evidence on its face establishes a discriminatory reason for an employment decision, without inference or presumption. Direct evidence is evidence that on its face shows an intent to discriminate. It may be based upon testimony or any reliable documentation such as a copy of a help wanted ad that specifies "males only." Disabled Veteran See "Special Disabled Veteran." Discovery In trial practice, the pre-trial devices that can be used by a party to obtain facts and information about the case from the other party in order to assist the party's preparation for trial. Tools of discovery include: depositions upon oral and written questions, written interrogatories, requests for production of documents or things, requests for physical and mental examinations, and requests for admission. See "Deposition." Discrimination See "Disparate Impact," "Disparate Treatment," and Chapter 7. Disparate Impact A theory or category of employment discrimination. Disparate impact discrimination may be found when a contractor's use of a facially neutral selection standard (e.g., a test, an interview, a degree require-requirement) disqualifies members of a particular race or gender group at a significantly higher rate than others and is not justified by business necessity or job relatedness. An intent to discriminate is not necessary to this type of employment discrimination. The disparate impact theory may be used to analyze both objective and subjective selection standards. Same concept as adverse impact. See definition of adverse impact. Disparate Treatment A theory or category of employment discrimination. Disparate treatment discrimination may be found when a contractor treats an individual or group differently because of its race, color, religion, sex, national origin, handicap or veteran status. An intent to discriminate is a necessary element in this type of employment discrimination, and may be shown by direct evidence or inferentially by statistical, anecdotal and/or comparative evidence. Dun's Number An identification number assigned to a business by Dun & Bradstreet (D&B). EEO-1 Report The Equal Employment Opportunity Employer Information Report (EEO-1): An annual report filed with the Joint Reporting Committee (composed of OFCCP and EEOC) by certain employers subject to the Executive Order or to Title VII of the Civil Rights Act of 1964, as amended. This report details the sex and race/ethnic composition of an employer's work force by job category. (Also termed Standard Form 100.) EEO-2 Report The Equal Employment Opportunity Apprenticeship Information Report: A chronological list of names of all persons who have applied to an apprenticeship program. The information needed to fill out the report must be kept by the apprenticeship sponsor; however, the EEOC no longer requires the filing of EEO-2 reports. EEO-3 Report The Equal Employment Opportunity Labor Union Report (EEO-3): A report filed biennially in even-numbered years by labor unions. This report is filed with the EEOC Survey Branch and contains information on the sex and race/ethnic composition of union membership and referrals for employment. EEO-4 Report The Equal Employment Information Report (EEO-4): A report filed by State and local governments with the State and Local Reporting Committee (composed of EEOC, Health and Human Services [HHS], Department of Energy [DOE], Housing and Urban Development [HUD], Department of Transportation [DOT], Office of Personnel Management [OPM], and OFCCP). This report sets forth the sex and race/ethnic composition of the work force by job category and annual salary. Frequency of reporting for political jurisdictions varies with their number of full-time employees, as follows: 100 or more, annually; 50 to 99, every other year; 25 to 49, every 4 years; 15 to 24, every 6 years. EEO-5 Report The Equal Employment Opportunity Elementary-Secondary Staff Information Report (EEO-5): A report filed with the School Reporting Committee (composed of EEOC, the Department of Education/Office of Civil Rights and the National Center for Education Statistics). This report details the sex and race/ethnic composition, by job category, of elementary and secondary school staffs. Frequency of reporting for school districts varies with their number of pupils, as follows: 1800 or more, every other year; 900-1799, every 4 years; 450-899, every 6 years; 250-449, every 8 years. EEO-6 Report The Equal Employment Opportunity Higher Education Staff Information Report (EEO-6): A report filed biennially in odd-numbered years with the Higher Education Reporting Committee (composed of OFCCP, Department of Education/Office of Civil Rights and EEOC) by colleges and universities. It details by job category and salary the sex and race/ethnic composition of their faculty and staffs. Employed Under criteria established by the Bureau of the Census and the U.S. Department of Commerce, all civilians 16 years old and over who were either: (a) "at work," meaning those who did any work at all during the reference week as paid employees or in their business or profession, or on their farm, or who worked 15 hours or more as unpaid workers on a family farm or in a family business; or (b) "with a job but not at work," meaning those who did not work during the reference week but had jobs or businesses from which they were temporarily absent due to illness, bad weather, industrial dispute, vacation, or other personal reasons. Generally excluded from the category of employed are persons whose only activity consisted of unpaid work around the house or volunteer work for religious, charitable, and similar organizations, or persons on layoff. Employee A person employed by a Federal contractor, subcontractor or Federally assisted construction contractor or subcontractor. Employment Agency Any entity regularly undertaking with or without compensation to procure permanent employees for an employer or to procure for individuals opportunities to permanently work for an employer. Also includes an agent of such a person or entity. Employment Offer An employer's offer of employment to an individual, usually for a specific job. Employer Identification Number (EIN) A nine digit number assigned to a company by the Internal Revenue Service for tax and other identification purposes. Enforcement Administrative or judicial action to compel compliance with Executive Order 11246, Section 503 or 38 U.S.C. §4212 and their implementing regulations. Equal Opportunity EEO laws and regulations prohibit discrimination in virtually all employment activities. Equal Opportunity Clause The subparagraphs contained in 41 CFR 60-1.4(a) or (b) required by Sections 202 and 301 of Executive Order 11246, as amended, to be part of contracts covered by the Executive Order. Pursuant to 41 CFR 60-1.4(e) and 60-4.9, the clause is a part of covered contracts regardless of whether it is physically incorporated into the contract or whether the contract between the agency and the contractor is written. See also definition of "Affirmative Action Clause." Establishment A facility or unit which produces goods or services, such as a factory, office, store, or mine. In most in- stances, the unit is a physically separate facility at a single location. In appropriate circumstances, OFCCP may consider as an establishment several facilities located at two or more sites when the facilities are in the same labor market or recruiting area. The determination as to whether it is appropriate to group facilities as a single establishment will be made by OFCCP on a case-by-case basis. Executive Order For purposes of this manual, Parts II, III, and IV of Executive Order 11246, September 24, 1965 (30 FR 12319), as amended. The short form references of "Order" or "Executive Order 11246" sometimes are used. Exempt Contract Any Government contract or subcontract which is excluded from coverage under some or all provisions of 41 CFR Chapter 60 according to the standards set forth in 41 CFR 60-1.5. (See also 60-250.3, and 60-741.3 which use the term "waiver" instead of exempt.) Expert Witness A person such as a doctor or statistician selected by the court or a party on account of his/her knowledge or skill, to examine, estimate, and ascertain things and make a report (testimony) of his/her findings and opinions. Facially Neutral Selection Standard/Criteria A criterion/process is facially neutral if it does not make any reference to a prohibited factor and is equally applicable to everyone regardless of race, gender or ethnicity; i.e., is not discriminatory on its face. See also "uniformly applied." Federally Assisted Construction Contract Any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. See 41 CFR 60-1.3. Federally Involved Construction Contract Any Federal construction contract or subcontract, Federally assisted construction contract or subcontract, or any other construction contract or subcontract that is necessary, in whole or in part, to the performance of a Federal supply and service contract or subcontract. Fifteen (15) Day Notice See "Notice of Alleged Noncompliance." First-tier Subcontractor A subcontractor holding a subcontract with a prime contractor. Focus Job Area A unit of an establishment's work force (such as a seniority unit, department, line of progression, or job title, as appropriate) identified at desk audit as a potential problem area for further investigation onsite. Example: a unit where minorities or women are concentrated, underrepresented, or restricted from working because of their race or sex. Formal Training A structured program to develop an individual's job related skills and abilities. Typically classroom training as well as on-the-job training fall into this category. Fringe Benefits Compensation for employment other than wages or salary, including, for example, annual and sick leave, medical insurance, life insurance, retirement benefits, profit sharing, bonus plans, etc. Front Pay Compensation for estimated future economic loss; generally calculated based on the difference between the discrimination victim's current pay (or for a rejected applicant, the pay he/she should have received) and the pay associated with his/her rightful place. Front pay runs from the time of the settlement (e.g., Conciliation Agreement), hearing, or administrative or court order to a certain time in the future set by the settlement, hearing or administrative or court order (usually when the victim attains his/her rightful place) set by the settlement, hearing or court order. See also "Rightful Place." Goals Goals under the Executive Order are of two kinds: percentage placement goals and goals by organizational unit. See Manual Sections 2G07 and 2G12. Goals for Construction Contractors In the construction industry, benchmark employment levels for minorities and women expressed as a percentage of the hours worked by the contractor's aggregate work force by trade in a geographic area. a. Goals for women: See 43 FR 14899, 14900, Appendix A, April 7, 1978 and 45 FR 85750, 85751, December 30, 1980. b. Goals for minorities: See 45 FR 65979, 65984, Appendix B-80, October 3, 1980. Good Cause A. A legally acceptable defense (usually put forward by a contractor against whom OFCCP has alleged a violation of its regulations) for not having taken an action that would otherwise be required. B. Justification provided by a complainant, and found acceptable by OFCCP, as the basis for accepting an otherwise untimely complaint filing. See 41 CFR 60-1.21, 250.26 and 741.26. Good Faith Efforts This term refers to a contractor's efforts to make all aspects of its affirmative action plan work. Designing and implementing an effective affirmative action plan requires sustained attention. The contractor must analyze its employment and recruitment practices as they affect equal opportunity, identify problem areas, design and implement measures to address the problems, and monitor the effectiveness of its program, making adjustments as circumstances warrant. In evaluating the contractor's good faith efforts, the EOS must make a careful assessment of the quality and thoroughness of the contractor's work to implement its program and assure equal opportunity. The basic components of good faith efforts are (1) outreach and recruitment measures to broaden candidate pools from which selection decisions are made to include minorities and women and (2) systematic efforts to assure that selections thereafter are made without regard to race, sex, or other prohibited factors. Government Except where otherwise indicated, government means the government of the United States of America. Government Contract Any agreement or modification thereof between any contracting agency and any person for the furnishing of supplies or services, or for the use of real or personal property, including lease arrangements. The term "services," as used here, includes, but is not limited to, the following: utility, construction, transportation, research, insurance, and fund depository, regard-less of whether the Government is the purchaser or seller. The term "Government Contract" does not include (a) agreements in which the parties stand in the relationship of employer and employee and (b) Federally assisted construction contracts. See 41 CFR 60-1.3, 250.2 and 741.2. Handicapped Individual A term used in the Rehabilitation Act of 1973 but replaced by "Individual with Handicaps" in 1986 amendments to that Act. See "Individual with Handicaps." Harassment Any conduct that has the intent or effect of unreasonably interfering with an individual or group's educational, living or work environment. It includes conduct relating to race, color, gender, disability, sexual orientation, age, religion, national origin, veteran's status or any other protected group. Hispanic Hostile Work Environment As defined by the U.S. Supreme Court, Environment is hostile when it is "permeated with discriminatory intimidation, ridicule, and insult that is sufficiently pervasive to alter the conditions of the victim's employment." (510 U.S. 17,21) When verbal or nonverbal behavior in the workplace or educational setting occurs because of the gender of the other person or focuses on the sexuality of another person. It is unwanted, uninvited, unwelcome and is severe or pervasive enough to adversely affect the persons work or learning environment. For example: off color jokes, teasing, comments, suggestive pictures/calendar/cartoons, leers or stares or gestures, repeated requests for dates, excessive attention - calls - letters, touching, brushes or pats. Immediate Labor Area Quid Pro Quo "This for that," ie. Demanding sexual favors in exchange for promotions, raise or good grade.
Per EEOC guidelines, "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when: a. Submissions.....is made a term or condition of employment, public accommodation or public services, education or housing. b. ...... is used as a factor in decisions affecting such individuals employment .... (same as a) c.......has the purpose of effect of substantially interfering with individual's employment.....(same as a) or creating an intimidating, hostile or offensive environment in employment.....(same as a)
"A ' willful course of conduct ' involving a repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, 'harassed', or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested." (MCLA 650.411b) Standard Deviation |