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GlossaryWe compiled the following glossary from the Society of Human Resources Management (SHRM) and Texas A&M University . A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z Aptitude or competence, the skill or proficiency needed to perform certain tasks. Accessibility The extent to which a contractor's or employer's facility is readily approachable and does not inhibit the mobility of individuals with disabilities, particularly such areas as the personnel office, worksite and public areas. Adverse Impact Practices or policies that result in the selection of members of a protected class at a rate lower than that of other groups. Enforcement agencies look for a selection rate for a race, sex or ethnic group that is less than four-fifths (80 percent) of the group with the highest rate as evidence of adverse impact. Affirmative Action (AA) Actions, policies and procedures undertaken by a contractor in recruiting, hiring, promotions and all other personnel actions that are designed to achieve equal employment opportunity and eliminate the present effects of past discrimination. Affirmative action requires: (1) thorough, systematic efforts to prevent discrimination from occurring or to detect and eliminate it as promptly as possible and (2) recruitment and outreach measures. Affirmative Action Plan (AAP) A written set of specific, results-oriented procedures to be followed by all federal contractors holding contracts of $50,000 or more and employing 50 or more people and intended to remedy the effects of past discrimination against or underutilization of women and minorities. The effectiveness of the plan is measured by the results it actually achieves rather than by the results intended and by the good faith efforts undertaken by the contractor to increase the pool of qualified women and minorities in all parts of the organization. Age Discrimination in Employment Act (ADEA) ADEA is a federal law that prohibits discrimination on the basis of age by employers of 20 or more employees against people over 40. The law exempts from coverage cases where age is a bona-fide occupational qualification or where an individual is in a certain key executive or policy-making position and will have a pension in excess of $40,000 per year the law. These employees may be required to retire at age 65. American Indian or 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. Annual Goal An annual target for the placement of underutilized groups of protected class members in job groups where underutilization exists. Applicant A person who seeks work at a certain employers' facilities who meets certain prescribed standards, as defined by the employer. Applicant Flow The number of people who apply for employment for a job title over a certain period of time, sorted and analyzed by gender and race. Applicant Flow Log A chronological listing that records each applicant who applies for employment or promotion. Data includes applicant's name, race, national origin, gender, referral source, date of application, job title applied for and disposition. Applicant Pool All of the people who have applied for particular jobs over a period of time who form the collection of candidates from which selection decisions are made. Asian or 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 of minorities or women 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. Availability figures are used in determining whether underutilization exists 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 the two factors specified in 21 C.F.R Section 2.14 (c). An inclination or preference either for or against an individual or group that interferes with impartial judgment. Black (or African-American) 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 has to 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"--the central purpose or mission--of the employer's business. Race can never be considered a BFOQ for a job. Civil Rights Act of 1964 is a comprehensive federal law that makes it illegal to discriminate on the basis of race, color, religion, sex and national origin. Title VII of the law was the first to specifically ban discrimination in the employment setting and is enforced by the Equal Employment Opportunity Commission (EEOC). Class Category of division based on economic status; members of a class are theoretically assumed to possess similar cultural, political and economic characteristics and principles. Compliance Meeting the requirements and obligations of affirmative action imposed by Executive Order 11246, Section 503 of the Rehabilitation Act, Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act and their implementing regulations. Conciliation Agreement A binding written agreement between a contractor and OFCCP that details specific contractor commitments to resolve major or substantive violations of Executive Order 11246, the Rehabilitation Act or the Vietnam Era Veterans' Readjustment Assistance Act. Contractor A contractor is a firm that does business with the federal government. A prime contractor receives $50,000 or more in contracts each year and employs more than 50 people in total employment. A subcontractor performs part of the contract at the direction of the prime contractor and receives $10,000 or more in subcontracts each year. Corrective Action Correction of deficiencies identified during a compliance review of an affirmative action plan. Culture The patterns of daily life learned consciously and unconsciously by a group of people. These patterns can be seen in language, governing practices, arts, customs, holiday celebrations, food, religion, dating rituals, and clothing. Administrative agency of the federal government charged with administering and enforcing employment laws. Desk Audit A review of a contractor's documents and materials to determine compliance with affirmative action practices and equal employment obligations as they relate to workforce structure, personnel policies and procedures, good-faith efforts and areas of potential discrimination. The Standard Compliance Review Report (SCRR) provides instructions for conducting a desk audit, which takes its name from the fact that this review and analysis is done at the desk of the compliance officer assigned to conduct the audit. Disability A physical or mental impairment, which substantially limits one or more major life activity, a record of having such an impairment or being perceived as having such impairment. Disabled Veteran A person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty and who is entitled to a 30 percent or more disability payment under the regulations of the Office of Veteran's Affairs. Discrimination Illegal treatment of a person or group of persons based on race, sex or other prohibited factor. Disparate Impact A theory or category of employment discrimination. Disparate impact discrimination can be found when a contractor's or employer's use of an otherwise neutral selection standard, such as a test, an interview or a degree requirement, disqualifies members of a particular race or gender 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 can be used to analyze both objective and subjective selection standards. Disparate Treatment A theory or category of employment discrimination. Disparate treatment discrimination can be found when a contractor or employer treats an individual or group differently because of its race, color, religion, sex, national origin, disability or veteran status. An intent to discriminate is a necessary element in this type of employment discrimination, and can be shown by direct evidence or inferred through statistical, anecdotal and/or comparative evidence. Diversity A situation that includes representation of multiple (ideally all) groups within a prescribed environment, such as a university or a workplace. This word most commonly refers to differences between cultural groups, although it is also used to describe differences within cultural groups, e.g. diversity within the Asian-American culture includes Korean Americans and Japanese Americans. An emphasis on accepting and respecting cultural differences by recognizing that no one culture is intrinsically superior to another underlies the current usage of the term. Method of determining adverse impact. Selection rates for any group that are less than 80 percent (four-fifths) of the rate for other groups is evidence of a violation of this rule. Employer Under EEOC Policy Guidelines, a person or persons engaging in an industry affecting commerce who has 15 or more employees for each working day in each of the 20 or more weeks in the preceding year or any agent thereof. Includes state and local governments, any federal agency subject to the provisions of Section 717 of the Civil Rights Act of 1964, as amended. Also includes any federal contractor or subcontractor or federally assisted construction contractor covered by Executive Order 11246, as amended. Employment Practice Any recruitment, hiring, selection practice, transfer or promotion policy, or any benefit provision or other function of the employer's employment process that operates as an analysis or screening device. Ethnicity A quality assigned to a specific group of people historically connected by a common national origin or language. Ethnic classification is used for identification rather than differentiation. Equal Employment Opportunity A system of employment practices under which individuals are not excluded from any participation, advancement or benefits due to race, color, religion, sex, or national origin or any other action which cannot lawfully be the basis for employment actions. Equal Employment Opportunity Commission (EEOC) Established by Congress, the EEOC is made up of members appointed by the President and receives, processes and investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, the Equal Pay Act of 1963 and the Age Discrimination in Employment Act of 1967. If the commission determines that there is reasonable cause to believe that the law has been violated, it first tries to obtain remedies for the affected individuals through conciliation and can bring suit in federal district court if conciliation efforts fail. Equal Opportunity Survey This report is sent to a substantial portion of all non-construction contractors each year. It requires them to provide to the OFCCP information regarding applicants, hires, promotions, terminations, compensation and tenure by race and gender. Non-construction contracts can expect to receive and complete this report every other year. Equal Pay Act of 1963 A federal law that bars employers from paying different wages to men and women who are performing equal work. Generally, the work of two employees is considered equal when both jobs require equal skill, effort and responsibility and are performed under similar working conditions. EPA also applies to labor unions. Executive Orders 11246, 11375 and 12086 Regulations promulgated by the President that have the effect of law on those governmental matters with which they deal. These orders require contractors with contracts of $10,000 or more to provide equal employment opportunity on the basis of race, color, religion, sex and national origin. These orders also require the preparation of a written affirmative action plan for contractors with $50,000 or more in contracts and 50 or more employees. How well a contractor has progressed toward meeting employment or promotion targets set to correct underutilization of protected class members. Good Faith Efforts Actions voluntarily developed by contractors to achieve compliance with equal employment opportunity and affirmative action clauses. 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. Results of these efforts are measured in terms of their effectiveness in assisting the contractor in meeting or making progress toward targets set to correct underutilization. A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. This does not include persons of Portuguese descent or persons from Central or South America who are not of Spanish origin or culture An invitation by an employer extended to all employees who believe they are covered by Section 402 or 503 to identify themselves as having a disability, being a disabled veteran, a Vietnam-era veteran or other eligible veteran for purposes of making reasonable accommodation and taking affirmative action. Applicants may no longer be asked to self-identify prior to an offer of employment being extended to them by the employer. A division within the contractor's workforce for the purposes of analyzing the workforce for underutilization. Job grouping is done to group job titles together based on similarity of job content, pay rates and opportunities for advancement. The total of all people in the civilian labor force and the armed forces. Life Activity For purposes of Section 503 of the Rehabilitation Act and ADA, functions that are limited by a person's disability such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Men and women of those minority groups for whom EEO-1 reporting is required; that is, black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native. The term may refer to these groups in the aggregate or to an individual group. The country--including those that no longer exist--of one's birth or of one's ancestors' birth. "National origin" and "ethnicity" often are used interchangeably, although "ethnic group" can refer to religion or color, as well as country of one's ancestry. Noncompliance Failure to follow equal employment opportunity or affirmative action guidelines and the regulations applicable to them. Office of Federal Contract Compliance Programs (OFCCP) Division of the Employment Standards Administration in the Department of Labor responsible for enforcing three statutes for federal contractors and subcontractors: Executive Order No. 11246, the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act. OFCCP enforces the three laws through the use of compliance reviews, complaint investigations, administrative procedures and judicial procedures. Other Eligible Veteran Other eligible veterans are those individuals who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized. Groups of people protected from discrimination under government regulations and laws. The specific groups are defined as women, Blacks, Hispanics, Asians/Pacific Islanders or American Indians/Alaskan Natives, people over 40, the disabled as defined under Section 503 of the Rehabilitation Act and disabled veterans and Vietnam-era veterans as defined under the Vietnam Era Veterans Readjustment Assistance Act. A special disabled veteran who is capable of performing a particular job with or without a reasonable accommodation to his or her disability. A qualified disabled veteran is a disabled veteran capable of performing a particular job, with or without reasonable accommodation. Qualified Disabled Person A qualified disabled person is an individual with a disability who is capable of performing a particular job, with or without reasonable accommodation. Race is a division of humankind with certain distinguishing characteristics in common which indicate distinctive origins. Racism An act of discrimination based on an ideology of racial superiority. Reasonable Accommodation Used in connection with affirmative action for disabled persons: Changes in the job or workplace that enable the person with a disability to perform the job for which they are otherwise qualified. Such accommodations should be such that they do not create a business hardship and may involve such actions as adjusting the physical environment, equipment, schedules or procedures. Used in connection with discrimination based on religion: Requirement that employer grant an employee time off for religious reasons. These accommodations may be adjustments to hours or days worked or other similar actions which will make it possible for employees to fulfill their religious obligations. Rehabilitation Act of 1973 Federal law requiring contractors and subcontractors with contracts in excess of $10,000 to take affirmative action to employ and advance in employment individuals with disabilities. Religion Includes all aspects of religious observance and practice and religious beliefs. Any step, combination of steps or procedure used as a basis for any employment decision, including, but not limited to, informal or casual interviews, unscored application forms, paper and pencil tests, performance tests, training programs, probationary periods and physical, education and work experience requirements, as well as the decision-making process used in determining whether or not to hire or promote. Sex Discrimination Discriminatory or disparate treatment of persons based on their gender. Systemic Discrimination Employment policies or practices that serve to differentiate or to perpetuate a differentiation in terms or conditions of employment of applicants or employees because of their status as members of a particular group. Such policies or practices may or may not be fair and neutral on their face, and intent to discriminate may or may not be involved. Systemic discrimination, sometimes called class discrimination or a pattern or practice of discrimination, concerns a recurring practice or continuing policy rather than an isolated act of discrimination. Having materially fewer minorities or women in a particular job group than reasonably would be expected based on their availability in the community. Unlawful Employment Practice Any policy or practice that has discriminatory intent or effect and cannot be shown to be essential to the successful performance of the job in question. Veterans Employment Opportunities Act This statute extended the affirmative action and reporting responsibilities of federal contractors and subcontractors, which previously protected veterans of the Vietnam era and special disabled veterans, to include any other U. S. veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge was authorized. It also raised the reporting threshold from $10,000 to $25,000 and added the requirement to report the maximum and minimum number of persons employed on the VETS-100 report. Vietnam-Era Veteran A person who served on active duty for more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released with other than a dishonorable discharge. Also, a person who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975. Vietnam Era Veterans Readjustment Assistance Act of 1974 Federal law requiring federal contractors or subcontractors with contracts of $10,000 or more to take affirmative action to employ and advance in employment disabled veterans or those who served during the Vietnam era. An individual, not of Hispanic origin, with origins in any of the original peoples of Europe, North Africa or the Middle East. Workforce Analysis A listing of each job title as the title appears in applicable collective bargaining agreements or payroll records ranked from the lowest paid to the highest paid within each department including department or unit supervision. For each job title, the following information must be given: the total number of male and female employees; the total number of male and female employees who are Black (not Hispanic), Hispanic, American Indian/Alaskan Native and Asian/Pacific Islander; and the wage rate or salary range. Sources: |
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